Wilson v. Wal-Mart Stores, Inc.
Filing
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ORDER granting in part and denying in part ECF No. 106 Motion to Compel. Please see attached for details. Signed by Magistrate Judge Cam Ferenbach on 8/15/16. (Copies have been distributed pursuant to the NEF - JC)
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KATIE F. WILSON,
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Case No. 2:15–cv–1791–RCJ–VCF
Plaintiff,
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vs.
ORDER
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WAL-MART STORES, INC., et.al.,
MOTION TO COMPEL (ECF NO. 106)
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Defendants.
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Before the court are Wal-Mart’s motion to compel (ECF No. 106), Wilson’s response (ECF No.
109), and Wal-Mart’s reply (ECF No. 110). For the reasons stated below, Wal-Mart’s motion is granted
in part and denied in part.
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I. Discussion
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Wal-Mart moves to compel responses to two interrogatories.
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Interrogatory No. 1: Have you ever filed a personal injury lawsuit for an incident
that occurred prior to April 27, 2014? If so state the venue, date, and how the
case resolved.
Answer to Interrogatory No. 1: Plaintiff objects to this Interrogatory because it
seeks information that is outside the scope of discovery pursuant to FRCP 26.
Subject to and without waiving the foregoing objection, Plaintiff recalls a couple
of claims she made, but both were over 20 years ago and neither had any longterm injuries.
Wilson objected to Interrogatory No. 1 on relevancy grounds. (ECF No. 106) “Parties may
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obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and
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proportional to the needs of the case.” FED. R. CIV. P. 26(b)(1). While Wilson’s prior injuries are
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relevant for causation damage calculations, any resulting lawsuits are not.
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Wal-Mart’s reasons for asking Interrogatory No. 1 support this conclusion. Wal-Mart’s
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causation and damages investigation focuses on: (1) Wilson’s accidents and injuries prior to the Wal-
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Mart fall; (2) the extent of those injuries; (3) the medical treatment she received as a result of those
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injuries; and (4) Wilson’s prognosis with regard to those injuries. (ECF No. 106 at 3) Wal-Mart could
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have obtained this information through interrogatories asking about Wilson’s prior injuries and any
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associated medical treatment. Wal-Mart instead asks for detailed information about lawsuits associated
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with Wilson’s past injuries. (Id.) Information about past lawsuits, such as their venue, date of filing,
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and final disposition, are not relevant to any issue in this action. Wilson’s relevancy objection to
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Interrogatory No. 1 is sustained.
Interrogatory No. 3: On February 27, 2014, you tested positive for cannabinoid
(THC); please advise why you had consumed cannabinoid (THC; aka marijuana)?
Answer to Interrogatory 3: Plaintiff objects to this Interrogatory because it seeks
information that is outside the scope of discovery pursuant to FRCP 26.
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Wilson objected to Interrogatory No. 3 on relevancy grounds. Wal-Mart believes that Wilson
used medical marijuana as part of her pain management regimen. (ECF No. 106) Wilson refutes this
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claim: “[m]arijuana is not and has never been part of M.s Wilson’s past medical condition, status, and
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treatment.” (ECF No. 109 at 9) Wal-Mart will be allowed to ask about Wilson’s prior marijuana use as
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this issue is relevant to causation and damages. If Wilson did use medical marijuana as a result of a
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prior injury, this fact would likely have a direct effect on the amount of damages Wilson could recover
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for future medical expenses. Wilson’s relevancy objection to Interrogatory No. 3 is overruled.
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ACCORDINGLY, and for good cause shown,
IT IS HEREBY ORDERED that Wal-Mart’s motion to compel (ECF No. 106) is GRANTED in
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part and DENIED in part.
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IT IS FURTHER ORDERED that Wilson’s relevancy objection to Interrogatory No. 1 is
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SUSTAINED. She need not provide a supplemental response to Interrogatory No. 1
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IT IS FURTHER ORDERED that Wilson’s relevancy objection to Interrogatory No. 3 is
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OVERRULED. On or before August 29, 2016, Wilson must serve Wal-Mart with a supplemental
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response to Interrogatory No. 3.
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IT IS SO ORDERED.
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DATED this 15th day of August, 2016.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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