DIRECT ENTERPRISES, INC. et al v. SENSIENT COLORS LLC

Filing 200

ORDER granting Third-Party Spectra Colorants, Inc's 191 Motion to Compel. Plaintiffs must supplement its Rule 26(a) disclosures with Walthall's confirmed add ress within 7 days. Spectra shall have 45 days from the receipt of the confirmed address to depose Walthall regarding damages. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 9/27/2017. (SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

DIRECT ENTERPRISES, INC.,
OLYMPUS SEED TREATMENT
FORMULATOR, INC.,
Plaintiffs,
vs.
SENSIENT COLORS LLC,
Defendant.
______________________________________
SENSIENT COLORS LLC,
Third Party Plaintiff,
vs.
SPECTRA COLORANTS, INC.,
Third Party Defendants.

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No. 1:15-cv-01333-JMS-TAB

ORDER ON DEFENDANT SPECTRA’S MOTION TO COMPEL
In this overly-acrimonious discovery dispute, third-party Defendant Spectra Colorants,
Inc., moves to compel Plaintiffs to supplement their Rule 26(a) disclosures to include the address
of Plaintiffs’ witness, Dianne Walthall. [Filing No. 191.] Spectra also seeks leave to depose
Walthall regarding damages, though discovery has closed. 1 Plaintiffs oppose, arguing that
Defendants had opportunities to depose Walthall and failed to arrange a time before the deadline.

1

Spectra further seeks certain materials in connection with the deposition of Frank
Dominiani. Plaintiffs’ response indicates that Plaintiffs have provided the documents, and
Spectra did not reply on that issue. Therefore, the Court declines to rule on the matter, as it
appears to be moot.

The Court grants Spectra’s motion because Plaintiffs failed to timely supplement their
disclosures.
The Court declines to address the irrelevant finger-pointing regarding a failed attempt to
depose Walthall on an earlier date, which unfortunately dominates the parties’ briefing. Instead,
the Court focuses on the balance of equities, which favor Spectra. On one hand, Rule 26(e) is
unequivocal: parties must supplement disclosures that they know to be incomplete. Plaintiffs
knew their disclosure for Walthall was incomplete, yet they failed to discover and confirm
Walthall’s address, despite having at least two phone conversations with her. On the other hand,
the most recent request for supplementation that Spectra includes in its motion is a letter dated
July 25, 2017. [Filing No. 191-8 at ECF p. 3.] In the letter, Spectra requests Walthall’s address
by the end of the week (July 28), but it did not file its motion to compel until August 21. While
Spectra could have filed its motion to compel more promptly, the fact remains that Plaintiffs
delayed more than a year in providing Walthall’s address. And because Walthall is Plaintiffs’
witness, Plaintiffs should not be surprised by any information Spectra discovers via her
deposition.
Accordingly, the Court grants Spectra’s motion. [Filing No. 191.] Plaintiffs must
supplement its Rule 26(a) disclosures with Walthall’s confirmed address within 7 days. Spectra
shall have 45 days from the receipt of the confirmed address to depose Walthall regarding
damages. 2

Date: _____________
09/27/2017

_______________________________
Tim A. Baker
United States Magistrate Judge
Southern District of Indiana

2

The Court denies Plaintiffs’ request to order Spectra to bear the costs and fees for
Walthall’s deposition because Plaintiffs have not shown a departure from the norm is warranted.
2

Distribution:
Joel E. Cape
CAPE LAW FIRM PLC
[e-mail]
Christopher S. Stake
DELANEY & DELANEY LLC
[e-mail]
Kathleen Ann DeLaney
DELANEY & DELANEY LLC
[e-mail]
Kori Flake
KOPKA PINKUS DOLIN PC
[e-mail]
Leslie B. Pollie
KOPKA PINKUS DOLIN PC
[e-mail]
Eric C. McNamar
LEWIS WAGNER LLP
[e-mail]
John Carl Trimble
LEWIS WAGNER LLP
[e-mail]
Travis W. Montgomery
PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP
[e-mail]
Jason Levin
STEPTOE & JOHNSON LLP
[e-mail]
Libretta P. Stennes
STEPTOE & JOHNSON LLP
[e-mail]
Kelly D.H. Lowry
THE LAW OFFICES OF KELLY D.H. LOWRY, P.C.
[e-mail]

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