Apex Abrasives v. WGI Heavy Minerals et al

Filing 240

ORDER granting 232 Motion to Compel. WGI must supplement its response to Request for Production No. 18 within 30 days from the date of this Order or otherwise be subject to sanctions under Rule 37. Signed by Judge Donald W. Molloy on 7/25/2019. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

APEX ABRASIVES, INC.,

FILED
1 L 25 2019
JU
Clerk, U.S Courts
District Of Montana
v
Missoula Di_1s1on

CV 14-37- BU- DWM

Plaintiff,
vs.

ORDER

WGI HEAVY MINERALS, INC.,
WGI HEAVY MINERALS, LLC, and
DOE BUSINESS ENTITIES 1-3,
inclusive,
Defendants.

Plaintiff Apex Abrasives, Inc. ("Apex" ) asks that Defendants WGI Heavy
Minerals, Inc. and WGI Heavy Minerals, LLC ( collectively "WGI") be compelled
to supplement or update their responses to discovery. (Doc. 232.) WGI resists,
taking the position that the recent request is untimely and that it is only obligated to
supplement up to 2015 (as originally requested) and not beyond. (Doc. 236.)
WGI's position is not well taken. The context here is a trial, an appeal, and a
reversal by the Ninth Circuit with instructions to re-try the case. Apex is entitled
to current financial information in order to do so. The duty to supplement is
triggered by information or documents acquired after serving the original
disclosure or response, even if the disclosure or response was accurate and timely
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when made. See Fed. R. Civ. P. 26(e)(l)(A). The duty to supplement does not end
when discovery ends. Hernandez v Polanco Enters., Inc. 19 F. Supp. 3d 918,933
(N.D. Cal. 2013). Whether evidence disclosed is admissible at trial, or whether it
is relevant, is an issue for a later date. At this point, given the history of this case,
WGI must supplement its response to Request for Production No. 18 with
information current as of the date of this Order.
Accordingly, IT IS ORDERED that Apex's motion to compel (Doc. 232) is
GRANTED. WGI must supplement its response to Request for Production No. 18
within 30 days from the date of this Order or otherwise be subject to sanctions
under Rule 37.

I--

DATED this ~day of July, 2019.

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