Miller v. Legacy Bank
ORDER denying 42 Motion to Quash; denying 54 Motion to Compel; denying 58 Motion to Compel; denying 61 Motion to Compel; denying 73 Motion to Quash; denying 74 Motion to Quash; denying 75 Motion to Quash; denying 76 Motion to Quash; denying 77 Motion for Order; denying 79 Motion for Order; denying 90 Motion to Compel; denying 99 Motion to Compel; denying 100 Motion to Compel. Signed by Chief Judge Timothy D. DeGiusti on 11/18/2022. (mb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
Case No. CIV-20-946-D
Before the Court are thirteen discovery-related motions filed by the parties in this
matter. The motions at issue are further described as follows:
Plaintiff’s Motion to Quash Subpoena Issued to Arvest Bank [Doc. No. 42], filed
on June 24, 2022.
Plaintiff’s Motion to Compel Discovery of Defendant [Doc. No. 54], filed on
August 9, 2022.
Plaintiff’s Motion to Compel Second Set of Discovery Responses from Defendant
[Doc. No. 58], filed on August 23, 2022.
Defendant’s Motion to Compel [Doc. No. 61], filed on September 1, 2022.
Plaintiff’s Motion to Quash Subpoena Issued to Dewitt, Paruolo & Meek [Doc.
No. 73], filed on September 23, 2022.
Plaintiff’s Motion to Quash Subpoena Issued to Wonderfully Made [Doc. No. 74],
filed on September 23, 2022.
Plaintiff’s Motion to Quash Subpoena Issued to Dekoven Riggins [Doc. No. 75],
filed on September 23, 2022.
Plaintiff’s Motion to Quash Subpoena Issued to Richard Osei [Doc. No. 76], filed
on September 23, 2022.
Plaintiff’s Motion to Compel Compliance of Oklahoma State Banking Department
Regarding Subpoena Duces Tecum [Doc. No. 77], filed on September 28, 2022.
10. Defendant’s Motion to Modify Subpoena Duces Tecum to Oklahoma Banking
Department [Doc. No. 79], filed on October 3, 2022.
11. Defendant’s Second Motion to Compel [Doc. No. 90], filed on October 27, 2022.
12. Plaintiff’s Motion to Compel Third Set of Discovery Requests [Doc. No. 100],
filed on November 16, 2022.
13. Plaintiff’s Motion to Compel Fourth Set of Discovery Requests [Doc. No. 99],
filed on November 16, 2022.
It is well-established that the trial court is entrusted to control discovery in its sound
discretion. See Punt v. Kelly Servs., 862 F.3d 1040, 1048 (10th Cir. 2017). Further, Fed. R.
Civ. P. 26 “vests the trial judge with broad discretion to tailor discovery narrowly and to
dictate the sequence of discovery.” Crawford-El v. Britton, 523 U.S. 574, 598 (1998).
Each discovery-related motion at issue centers on discovery that was sought prior
to the parties’ Fed. R. Civ. P. 26(f) discovery planning conference, which was held on
September 27, 2022. Under Fed. R. Civ. P. 26(d)(1), parties “may not seek discovery from
any source before the parties have conferred as required by Rule 26(f)” subject to limited
exceptions. In that none of the exceptions in this rule apply to the circumstances of this
case, the discovery requests at issue fall within the prohibition of Rule 26(d)(1) and were,
In addition to being premature, the Court is unable to conclude that the parties have
complied with LCvR37.1, which requires the parties to “have met and conferred in good
faith.” The Court will hear a motion or objection related to discovery only if the parties are
“unable to reach an accord” after “a sincere attempt to resolve differences.” LCvR37.1.
Although the parties apparently met in person prior to filing the instant motions, the
record in this case does not reflect that the conferrals have been in “good faith” with “a
sincere attempt to resolve differences.” See, e.g., Pl.’s Mot. to Compel [Doc. No. 58]
(describing the meet and confer as “a complete waste of time”); Pl.’s Mot. to Quash [Doc.
No. 73] (noting that the meet and confers “consist of misrepresentations and
mischaracterizations of obvious facts and case law”); Pl.’s Mot. to Quash [Doc. No. 74]
(stating that “[t]he meet and confers continue to be very unproductive because [o]pposing
[c]ounsel refuses to listen to obvious facts and binding law . . . [and] continues to
mischaracterize the law and procedures thereof”). Pl.’s Mot. to Quash [Doc. No. 75]
(same); Pl.’s Mot. to Quash [Doc. No. 76] (same); Pl.’s Mot. to Compel [Doc. No. 99]
(claiming that the meet and confers “continue to be a complete waste of time”); Pl.’s Mot.
to Compel [Doc. No. 100] (again stating that “[t]he meetings continue to waste [Plaintiff’s]
As noted, the parties have filed thirteen discovery motions in this matter which, in
a case of this type, is excessive.1 Because it does not appear that the parties have met and
conferred in good faith and sincerely attempted to resolve their differences, the Court shall
refuse to hear the above-described motions for lack of compliance with LCvR37.1.
Additionally, the discovery requests at issue fall within the prohibition of Rule 26(d)(1).
For these reasons, each of the above-described motions must be DENIED.
This number does not include Plaintiff’s Motion to Disqualify Opposing Counsel, which
also involved discovery-related issues. See [Doc. No. 46].
To ensure a timely resolution of any discovery-related issues without court
intervention moving forward, the Court reminds the parties that Rule 26(b)(1) sets forth
the scope of discovery and provides:
Parties may obtain discovery regarding any nonprivileged matter that is
relevant to any party’s claim or defense and proportional to the needs of the
case, considering the importance of the issues at stake in the action, the
amount in controversy, the parties’ relative access to relevant information,
the parties’ resources, the importance of the discovery in resolving the issues,
and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Information within this scope of discovery need not be
admissible in evidence to be discoverable.
Under this standard, “relevance” has been broadly construed to include “‘any matter that
bears on, or that reasonably could lead to other matter that could bear on’ any party’s claim
or defense.” Kennicott v. Sandia Corp., 327 F.R.D. 454, 469 (D.N.M. 2018) (quoting
Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978)).
In the event that the parties—after conferring in good faith and sincerely attempting
to resolve their differences without court intervention—are unable to reach a resolution and
deem a discovery-related motion necessary, the motion shall set out any outstanding
discovery issues in accordance with LCvR7.1(e).
The Court acknowledges that, because Plaintiff appears pro se, the Court must
liberally construe his pleadings and arguments. However, the Court cannot act as his
advocate. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008); Hall v. Bellmon,
935 F.2d 1106, 1110 (10th Cir. 1991). Although Plaintiff appears pro se, he must “follow
the same rules of procedure that govern other litigants.” Garrett v. Selby Connor Maddux
& Janer, 425 F.3d 836, 840 (10th Cir. 2005).
Finally, the Court cautions both parties that failure to strictly adhere to proper
discovery procedures, and the needless filing of excessive and/or ill-conceived discovery
motions, may result in the imposition of sanctions, to include an award of attorney fees
against an offending party.
IT IS THEREFORE ORDERED that each of the discovery-related motions
described herein are DENIED for the reasons set forth above.
IT IS FURTHER ORDERED that, prior to seeking court intervention on any
discovery-related issues, the parties must confer, in-person and in good faith, and
sincerely attempt to resolve their differences in accordance with LCvR37.1.
IT IS SO ORDERED this 18th day of November, 2022.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?