United States District Court, E.D. Louisiana
WELLS ROBY CHIEF UNITED STATES MAGISTRATE JUDGE
the Court are two cross-motions: (1) Plaintiff LLOG
Exploration Company, LLC's Motion for Extension of Time
to Respond to Discovery Requests from CGP Manufacturing, Inc.
(R. Doc. 55); and (2) Third-Party Defendant CGP
Manufacturing, Inc.'s Motion to Compel LLOG Exploration
Company, LLC's Responses to Discovery Requests (R. Doc.
61). Each motion has been opposed. R. Docs. 59, 68. Oral
argument was heard on June 20, 2018.
instant action was filed by LLOG Exploration Company, LLC
(“LLOG”) against Federal Flange, Inc.
(“Federal”). R. Doc. 1. LLOG states it is engaged
in exploration, development, and production of oil and gas
and purchased 6x6 target elbows, or pipes, intended for
subsea use from Federal that were defective. LLOG states it
was required to shut down its wells and replace the target
elbows resulting in an excess of 5 million dollars of
damages. LLOG alleges: (1) breaches of express and implied
warranties; (2) breach of contract; (3) breach of the
Louisiana Product Liabilities Act; (4) redhibition; (5)
negligence; and (6) detrimental reliance.
then filed a third-party complaint against CGP Manufacturing,
Inc. (“CGP”), G&S Non-Destructive Testing,
Inc. (“G&S”), and R.N. Gupta & Company,
Ltd (“R.N. Gupta”) alleging: (1) breaches of
their express and implied warranties; (2) breach of contract;
(3) violations of products liability acts; (4) redhibition;
(5) negligence; and (6) detrimental reliance. R.N. Gupta
manufactured the target elbows at issue in the case which
then worked their way through the chain of commerce to CGP,
Federal, and finally to LLOG.
first motion filed was LLOG's motion for an extension of
time to respond to CGP's discovery requests. R. Doc. 55.
It argues that it noticed the corporate depositions in this
matter for May 15-16, 2018. It states it wanted to collect
and complete testimony from fact witnesses and sought to
obtain these witnesses' knowledge unaffected by knowledge
of others. However, due to a scheduling problem the
depositions were delayed until July. CGP then propounded the
discovery at issue on May 1, 2018 with a responses due on May
31, 2018. LLOG seeks an extension so that the fact
depositions are not impacted by LLOG's production and
because the extension would not have been needed if LLOG did
not extend the courtesy of continuing CGP's corporate
opposes the motion. R. Doc. 59. It argues that CGP's
corporate deposition was never actually scheduled in May
because the original notice of deposition was merely an
invitation to discuss mutually agreeable dates and times such
that the “courtesy” extended by LLOG is a
fiction. CGP contends discovery may be used in any sequence
and there is no legal basis for LLOG to withhold discoverable
then filed a motion to compel LLOG's responses to the
same discovery requests. R. Doc. 61. CGP states it propounded
interrogatories and requests for production on May 1, 2018,
making responses due on May 31, 2018. However, on May 30,
2018, LLOG produced improper general objections to the
discovery requests. It argues that LLOG has not complied with
the requirements of the Federal Rules of Civil Procedure.
opposes the motion. R. Doc. 68. It argues that it should not
be compelled to respond before CGP's corporate deposition
and the requests are irrelevant and disproportionate to the
needs of the case.
Standard of Review
Federal Rule of Civil Procedure (“Rule”) 33
allows a party to serve another party written interrogatories
which, “must, to the extent it is not objected to, be
answered separately and fully in writing under oath.”
Fed.R.Civ.P. 33(b)(3). Rule 33 allows a party to ask
interrogatories to the extent of Rule 26(b).
of documents, electronically stored information, and tangible
things is governed by Rule 34. Rule 34 allows a party to
request the production of “any designated documents or
electronically stored information” or “any
tangible things.” Fed.R.Civ.P. 34(a)(1).
Rule 33 and 34 provide that the party served must respond
within thirty (30) days. A shorter or longer time may be