Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BRT Management LLC v. Malden Storage, LLC

United States District Court, D. Massachusetts

January 8, 2020

BRT MANAGEMENT LLC, Plaintiff/ Counterclaim Defendant,
v.
MALDEN STORAGE, LLC and PLAIN AVENUE STORAGE, LLC, Defendants/ Counterclaim Plaintiffs/ Third-Party Plaintiffs, and BRIAN WALLACE, Third-Party Defendant.

          MEMORANDUM AND ORDER ON MOTION TO REOPEN DISCOVERY AND MOTION FOR SANCTIONS

          F. Dennis Saylor IV Chief Judge, United States District Court

         This action involves a dispute arising out of construction contracts to build storage facilities.

         The present aspect of the dispute follows this Court's August 20, 2019 Memorandum and Order concerning the use of late-produced documents by defendants Plain Avenue Storage, LLC and Malden Storage, LLC. Although the Court declined to exclude the documents as a sanction, it did not resolve the issues of possible imposition of attorneys' fees and additional discovery. BRT and Wallace have now moved for both attorneys' fees and additional discovery. For the following reasons, the motions will be granted in part and denied in part.

         I. Background

         The late production of documents by Plain and Malden is described at length in the Court's August 20, 2019 Memorandum and Order, and warrants only a brief summary here.

         On August 7, 2018, BRT and Wallace served both Plain and Malden with requests for production of documents concerning, in part, alleged damages arising from their counterclaim.

         The deadline for the close of fact discovery was October 10, 2018. On October 17, 2018, Plain and Malden produced a final set of responsive documents. That production, consisting of a CD containing 638 documents, came seven days after the close of fact discovery and 71 days after receipt of the request for production. The production also lacked the required attorney certification under Fed.R.Civ.P. 26(g) and was devoid of identifying information.

         Counsel for BRT and Wallace did not, however, examine the documents. Instead, on January 25, 2019, BRT and Wallace filed a motion for partial summary judgment, asserting that defendants had failed to produce any damages evidence relating to their counterclaim.

         On January 29, 2019, counsel for BRT and Wallace finally realized that defendants had supplemented their earlier productions with the CD containing documentation of damages. BRT and Wallace then moved to withdraw the pending summary judgment motion.

         On February 7, 2019, BRT and Wallace moved in limine to preclude Plain and Malden from using the late-produced documents in support of any motion or opposition or at trial.

         On August 20, 2019, the Court denied that motion. It held that preclusion of the documents was not appropriate, as plaintiff's counsel was not blameless and the documents were essential to defendants' counterclaim. However, the Court held that BRT and Wallace were “entitled to an award of reasonable attorneys' fees and expenses arising out of the litigation of this issue, ” and that discovery could be reopened on a limited basis if plaintiff made an appropriate showing of need. (Aug. 20, 2019 Mem. and Order, 7).

         BRT and Wallace have now moved for sanctions and to reopen discovery. They have requested an award of attorneys' fees for the filing of their (later-withdrawn) summary judgment motion and motion in limine, and have moved to take a deposition under Rule 30(b)(6) concerning the subject matter of the late-produced documents.

         II. Analysis

         A. Attorn ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.