Gallegos et al v. Safeco Insurance Company of America

Filing 62

MINUTE ORDER denying 42 Plaintiffs' Motion to Compel Discovery Re: Interrogatory 3, as set forth in the Order, by Magistrate Judge Michael J. Watanabe on 1/13/2015. (emill)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-01114-WJM-MJW EUGENE GALLEGOS and DIANE GALLEGOS, Plaintiff(s), v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant(s). MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Plaintiffs’ Motion to Compel Discovery Re: Interrogatory 3 (docket no. 42) is DENIED for the following reasons. The information sought in Interrogatory 3 concerns past claims unrelated to this case based upon Defendant Safeco’s voluntary payment of $9,782.00 to Plaintiffs during depositions taken on October 9, 2014. Defendant Safeco has indicated that it paid the $9,782.00 to Plaintiffs because the costs of this litigation, which continues to mount, are disproportionately greater than the relatively modest amount of actual damages claimed by Plaintiffs in this action. This court finds that interrogatory 3 is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Moreover, the court finds that the burden and expense of the proposed discovery sought in Interrogatory 3 upon Defendant Safeco outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues. See Fed. R. Civ. P. 26(b)(2)(C) and Bouchard v. Whetstone, 2010 WL 1435484, at *3 (D. Colo. Apr. 9, 2010). Date: January 13, 2015

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?