United States District Court, W.D. Louisiana, Lake Charles Division
KEITH A. ACKLEY
HONEYWELL INTERNATIONAL, INC.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE.
the court is a Motion to Compel [doc. 35] filed by defendant
Honeywell International Inc. (“Honeywell”).
Defendant also seeks attorney's fees and costs incurred
in bringing this Motion. Id. Plaintiff Keith A.
Ackley (“Ackley”) has filed a response in
opposition [doc. 37].
following reasons, defendant's Motion to Compel is
GRANTED. The Motion for Costs and Attorney's Fees is
lawsuit seeks recovery of damages against his former
employer, Honeywell, based on theories of detrimental
reliance and breach of contract. Doc. 1, att. 1. Ackley
claims that in 2001, as part of an incentive to keep him
employed, Honeywell's authorized agents offered him a
stock option of 1, 000 shares of Honeywell stock.
Id. at p. 4. Ackley maintains that he accepted the
offer and continued working for Honeywell until 2009 when his
employment was involuntarily terminated. Id. at p.
5. When Ackley attempted to exercise his stock option in
2012, within three years of termination of employment,
Honeywell's authorized agents first informed him that the
stock option expired in 2011. Id. Later email
correspondence from Honeywell advised Ackley that the stock
option had not been offered at all. Id. Because he
remained employed until he was involuntarily terminated,
Ackley claims he relied, to his detriment, on the promise of
that option. Id.
order to address the claims, Honeywell sought discovery
regarding “Ackley's financial understanding, his
experience with securities transactions, and the nature of
advice and information available to him.” Doc. 35, att.
1, p. 1. In response, Ackley objected specifically to
interrogatories No. 4 and No. 6, and Request for Production
No. 9, arguing that the information sought was not relevant
and/or not proportional to the needs of the case. Doc. 35,
att. 7, 8. Honeywell filed the motion before the court in
order to obtain the information sought. Doc. 35.
written discovery Honeywell requested the following:
INTERROGATORY NO. 4:
Identify each and every person (including, their names,
addresses, and telephone numbers) from whom you have sought
or received financial advice, for compensation or otherwise,
since July 15, 2001. This interrogatory includes, without
limitation, any accountant(s), tax advisor(s), attorney(s),
financial advisor(s), chartered financial analyst(s), stock
broker(s), securities dealer(s), financial planner(s),
retirement planner(s), financial consultant(s), estate
planner(s), any other person(s) holding themselves out as