Federal Election Commission v. O'Donnell et al

Filing 52

ORDER re discovery and production of documents. Signed by Judge Leonard P. Stark on 2/29/16. (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FEDERAL ELECTION COMMISSION,
Plaintiff,
v.

CHRISTINE O' DONNELL, et al.,
Defendants.

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C.A.No.15-17-LPS

ORDER
At Wilmington this 29th day of February, 2016:
Having reviewed the parties' status reports of January 15, 2016 (D.I. 49) and February 1,
2016 (D.I. 51), and their discovery letter of January 15, 2016 (D.I. 48), IT IS HEREBY
ORDERED that:
1.

Plaintiffs requested relief with respect to the "Utilities" issue is GRANTED.

Plaintiffs Requests for Admission #9-22 are deemed ADMITTED. Given the schedule in this
case, the Court perceives no reason to permit Defendants to supplement their admissions as they
have attempted to do (i.e., "The allocation of the use of utilities, within the townhouse or
without, is a matter of further discussion as the case proceeds.").
2.

No later than March 15, 2016, Defendant O'Donnell SHALL PRODUCE

documents sufficient to show her income, assets, and liabilities for the years 2014-2015, as this
information is relevant to her ability to pay disgorgement or a civil penalty. This case has not
been bifurcated and the Court has been provided no meritorious reasons to bifurcate.
Alternatively, Defendant O' Donnell shall, no later than March 15, 2016, advise Plaintiff that she
is waiving any arguments regarding inability to pay. O'Donnell' s interests in confidentiality will

be adequately protected by the protective order governing discovery in this case. (See D.I. 24)
3.

Defendant O'Donnell need NOT PRODUCE documents sufficient to show her

income, assets, and liabilities for years prior to 2014, as such evidence would have at most
marginal relevance to motive (given Defendant's admissions) and to O'Donnell' s current ability
to pay and would evidently be burdensome to produce.
4.

Plaintiffs requests for further sanctions and attorney's fees are DENIED.

HONORAB E LEONARD P. TARK
UNITED STATES DISTRICT COURT