Vogel v. Anheuser-Busch Companies, Inc. et al

Filing 59

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Vogel's motion to compel Prudential [# 27 ] is DENIED as moot. IT IS FURTHER ORDERED that Vogel's motion to compel A-B [# 26 ] is GRANTED. The parties shall meet and confer in an effort to narrow the scope of discovery consistent with the discussion at the hearing and reduce the burden on A-B to produce relevant information regarding Vogel's claims for civil penalties and equitable estoppel. A discovery status conference is set for August 27, 2014 at 10:00 a.m. in Courtroom 16-South. IT IS FURTHER ORDERED that Vogels request for attorney's fees and expenses is DENIED.. Signed by District Judge Rodney W. Sippel on 8/8/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDMUND VOGEL,

)
)
Plaintiff,
)
)
vs.
)
)
ANHEUSER BUSCH COMPANIES, INC., )
et al.,
)
)
Defendant.
)

Case No. 4:13 CV 1541 RWS

MEMORANDUM AND ORDER
Plaintiff Edmund Vogel brings this action against Defendants Anheuser Busch
Companies, Inc. (“A-B”) and The Prudential Insurance Company of America (“Prudential”)
seeking (1) to recover civil penalties against A-B, (2) to recover benefits due, (3) to obtain
equitable estoppel, and (4) to redress breaches of fiduciary duties. On May 16, 2014, Vogel
filed motions to compel A-B and Prudential [#26 and #27]. I held a hearing on Vogel’s
motions to compel on July 2, 2014. At the hearing, Vogel and Prudential informed me that
they resolved this specific discovery dispute.1 Accordingly, I will deny Vogel’s motion to
compel Prudential as moot. For the following reasons, I will grant, in part, Vogel’s motion to
compel A-B.
Vogel submitted Interrogatories and Requests to Produce to A-B on January 27, 2014.
In its response, A-B objected to every discovery request and provided no substantive
responses. After Vogel filed his motion to compel, A-B provided substantive responses to

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Prudential represented to the Court that it has informed Vogel that it possesses no documents
responsive to Vogel’s discovery request.

some of Vogel’s discovery requests. However, Vogel maintains that A-B’s disclosures are
insufficient and that he is entitled to additional discovery regarding his claims for civil
penalties and equitable estoppel.
On June 13, 2014, before the hearing on Vogel’s motion to compel, A-B moved for
summary judgment in its favor on each of Vogel’s four counts. A-B argues that no additional
discovery is needed on Vogel’s civil penalties claim because Vogel never requested a copy of
his application for supplemental life insurance, and therefore, as a matter of law, A-B cannot
be penalized. Yet Vogel argues that he did request such plan documents. Additionally, A-B
argues that no further discovery is needed regarding Vogel’s equitable estoppel claim because
it is nothing more than a thinly disguised claim for benefits. At this stage in litigation, I am
not prepared to conclude that Vogel’s equitable estoppel claim is futile. While Defendants
may ultimately be entitled to summary judgment, I will not prematurely rule on any
dispositive motions before allowing appropriate discovery to take place. Because additional
discovery may uncover genuine issues as to material facts, Vogel is entitled to limited
discovery regarding his claims for civil penalties and equitable estoppel.
Accordingly,
IT IS HEREBY ORDERED that Vogel’s motion to compel Prudential [#27] is
DENIED as moot.
IT IS FURTHER ORDERED that Vogel’s motion to compel A-B [#26] is
GRANTED. The parties shall meet and confer in an effort to narrow the scope of discovery
consistent with the discussion at the hearing and reduce the burden on A-B to produce
relevant information regarding Vogel’s claims for civil penalties and equitable estoppel. A
discovery status conference is set for August 27, 2014 at 10:00 a.m. in Courtroom 16-South.

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IT IS FURTHER ORDERED that Vogel’s request for attorney’s fees and expenses
is DENIED.

_________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 8th day of August, 2014.

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