WARTLUFT et al v. THE MILTON HERSHEY SCHOOL AND SCHOOL TRUST et al
Filing
185
MEMORANDUM AND ORDER - For the foregoing reasons, the further discovery sought in this case (Docs. 172 and 180 ) is STAYED pending the resolution of the pending dispositive motion. Signed by Magistrate Judge Martin C. Carlson on August 31, 2018. (kjn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JULIE ELLEN WARTLUFT, et al.,
Plaintiffs
v.
THE MILTON HERSHEY SCHOOL
AND SCHOOL TRUST, et al.,
Defendants
:
:
:
:
:
:
:
:
:
:
:
Civil No. 1:16-CV-2145
(Chief Judge Conner)
(Magistrate Judge Carlson)
MEMORANDUM AND ORDER
I.
Factual Background
This case, which arises out of “a singular tragedy, the suicide of the
plaintiffs' 14 year-old daughter in June of 2013,” Wartluft v. Milton Hershey Sch.
& Sch. Tr., No. 1:16-CV-2145, 2017 WL 4698102, at *1 (M.D. Pa. Oct. 19, 2017),
comes before us for consideration of competing letter requests relating to a demand
by the defendants for further compliance with a subpoena duces tecum served by
the defendants upon an advocacy group, Protect Hershey’s Children, (PHC), as
well as PHC’s President, an attorney named Ric Fouad. The nature of this dispute
is thoroughly outlined in correspondence filed by the parties with this court and
need not be repeated in detail at this time. (Docs. 172 and184.) In our view, these
discovery disputes raise for the court a series of issues, the resolution of which may
be entirely unnecessary depending upon the outcome of the summary judgment
litigation. Accordingly, for the reasons set forth below, given the current posture
of this litigation we will STAY further consideration of these discovery disputes
pending resolution of the summary judgment motion filed in this case.
II.
Discussion
Several basic guiding principles inform our resolution of the instant
discovery issues. At the outset rulings regarding the proper scope and timing of
discovery are matters consigned to the court’s discretion and judgment. Thus, it
has long been held that decisions regarding Rule 37 motions are “committed to the
sound discretion of the district court.” DiGregorio v. First Rediscount Corp., 506
F.2d 781, 788 (3d Cir. 1974). Similarly, issues relating to the timing and scope of
discovery permitted under Rule 26 also rest in the sound discretion of the Court.
Wisniewski v. Johns-Manville Corp., 812 F.2d 81, 90 (3d Cir. 1987). Thus, a
court’s decisions regarding the conduct of discovery will be disturbed only upon a
showing of an abuse of discretion. Marroquin-Manriquez v. I.N.S., 699 F.2d 129,
134 (3d Cir. 1983). This far-reaching discretion extends to rulings by United States
Magistrate Judges on discovery matters. In this regard:
District courts provide magistrate judges with particularly broad
discretion in resolving discovery disputes. See Farmers & Merchs.
Nat'l Bank v. San Clemente Fin. Group Sec., Inc., 174 F.R.D. 572,
2
585 (D.N.J.1997). When a magistrate judge's decision involves a
discretionary [discovery] matter . . . , “courts in this district have
determined that the clearly erroneous standard implicitly becomes an
abuse of discretion standard.” Saldi v. Paul Revere Life Ins. Co., 224
F.R.D. 169, 174 (E.D.Pa.2004) (citing Scott Paper Co. v. United
States, 943 F.Supp. 501, 502 (E.D.Pa.1996)). Under that standard, a
magistrate judge's discovery ruling “is entitled to great deference and
is reversible only for abuse of discretion.” Kresefky v. Panasonic
Commc'ns and Sys. Co., 169 F.R.D. 54, 64 (D.N.J.1996); see also
Hasbrouck v. BankAmerica Hous. Servs., 190 F.R.D. 42, 44-45
(N.D.N.Y.1999) (holding that discovery rulings are reviewed under
abuse of discretion standard rather than de novo standard); EEOC v.
Mr. Gold, Inc., 223 F.R.D. 100, 102 (E.D.N.Y.2004) (holding that a
magistrate judge's resolution of discovery disputes deserves
substantial deference and should be reversed only if there is an abuse
of discretion).
Halsey v. Pfeiffer, No. 09-1138, 2010 WL 3735702, *1 (D.N.J. Sept. 17, 2010).
We also note that our broad discretion over discovery matters extends to
decisions under Rule 26 relating to the issuance of protective orders limiting and
regulating the timing of discovery. Indeed, it is undisputed that: “ ‘[t]he grant and
nature of [a protective order] is singularly within the discretion of the district court
and may be reversed only on a clear showing of abuse of discretion.’ Galella v.
Onassis, 487 F.2d 986, 997 (2d Cir.1973) (citation omitted).” Dove v. Atlantic
Capital Corp., 963 F.2d 15, 19 (2d Cir. 1992).
This discretion is guided, however, by certain basic principles. One of these
cardinal principles, governing the exercise of discretion in this field, is that the
3
district court may properly defer or delay discovery while it considers a potentially
dispositive pretrial motion, provided the district court concludes that the pretrial
motion does not, on its face, appear groundless. See, e.g., James v. York County
Police Dep’t, 160 F.App’x 126, 136 (3d Cir. 2005); Nolan v. U.S. Dep’t of Justice,
973 F.2d 843,849 (10th Cir. 1992); Johnson v. New York Univ. Sch. of Ed., 205
F.R.D. 433, 434 (S.D.N.Y. 2002). Briefly deferring discovery in such a case, while
the court determines the threshold issue of whether a complaint has sufficient merit
to go forward, recognizes a simple, fundamental truth: When there are motions
pending which present potentially meritorious and complete legal defenses to civil
actions, the parties should not be put to the time, expense and burden of additional
factual discovery until after these claimed legal defenses are addressed by the
court.
In such instances, it is clearly established that:
“[A] stay of discovery is appropriate pending resolution of a
potentially dispositive motion where the motion ‘appear[s] to have
substantial grounds' or, stated another way, ‘do[es] not appear to be
without foundation in law.’ ” In re Currency Conversion Fee Antitrust
Litigation, 2002 WL 88278, at *1 (S.D.N.Y. Jan. 22, 2002) (quoting
Chrysler Capital Corp. v. Century Power Corp., 137 F.R.D. 209, 20910 (S.D.N.Y.1991)) ( citing Flores v. Southern Peru Copper Corp.,
203 F.R.D. 92, 2001 WL 396422, at *2 (S.D.N.Y. Apr. 19, 2001);
Anti-Monopoly, Inc. v. Hasbro, Inc., 1996 WL 101277, at *2
(S.D.N.Y. March 7, 1996)).
4
Johnson v. New York Univ. School of Educ., 205 F.R.D. 433, 434 (S.D.N.Y.
2002).
Guided by these legal tenets we conclude that the further discovery sought in
this case should be briefly stayed at this time until after the court resolves the
pending summary judgment motion. We reach this conclusion in accordance with
settled case law, finding that: “[A] stay of discovery is appropriate pending
resolution of a potentially dispositive motion where the motion ‘appear[s] to have
substantial grounds' or, stated another way, ‘do[es] not appear to be without
foundation in law.’” Johnson v. New York Univ. School of Educ., 205 F.R.D. 433,
434 (S.D.N.Y. 2002).
An appropriate order follows:
II.
Order
Accordingly, for the foregoing reasons, the further discovery sought in this
case (Docs. 172 and 180) is STAYED pending the resolution of the pending
dispositive motion.
So ordered this 31st day of August, 2018.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge
5
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?