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Huthnance v. District of Columbia

December 15, 2008


The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge


This case is before me for resolution of certain discovery motions. Currently pending and ready for resolution is Defendants' Motion to Compel Plaintiff's Responses to Their Interrogatories ("Defs. Mot.") [#46]. For the reasons stated herein, defendants' motion will be granted.


In this motion, defendants seek to compel plaintiff's answers to defendants' interrogatories. First, defendants argue that they are entitled to interrogatory responses which are in plaintiff's "own words." Defendants' Memorandum of Points and Authorities in Support of Their Motion to Compel Plaintiff's Responses to Their Interrogatories ("Defs. Mem.") at 2. Second, they contend, that even if the interrogatories propounded are "contention interrogatories," plaintiff is nonetheless bound to answer them promptly. Id. at 6. Plaintiff counters that her answers may be properly deferred until the close of discovery and that her answers need not be stated in "her own words." Plaintiff's Opposition to Defendant's Motion to Compel ("Plains. Opp.") at 3, 8.

I. The Timing of Plaintiff's Answers

Under Rule 33 of the Federal Rules of Civil Procedure, "[t]he responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court." Fed. R. Civ. P. 33(b)(2).

While it is unclear from the record when defendants served their interrogatories, plaintiff responded on March 10, 2008. See Defs. Mot., Exhibit 1. On May 5, 2008, defendants sent plaintiff a letter noting the deficiencies in plaintiff's responses. Id. at Exhibit 2. Plaintiff responded by letter on the same day. Id. at Exhibit 3.

As to those interrogatories that are now the subject of defendants' motion, Interrogatory Nos. 9, 13-25, plaintiff objected on the grounds that they were "premature as discovery is ongoing and Plaintiff is still developing her factual support." See Defs. Mot., Exhibit 2 at 10. At no time did plaintiff seek a stipulation with defendants allowing her to file her answers to interrogatories at a date later than the thirty day period permitted by the Rules. Nor did plaintiff ever seek a protective order from this Court. Instead, plaintiff conveyed her view to defendants by letter dated May 5, 2008:

As we explained, it is customary for contention interrogations to be deferred. And given the extremely detailed complaint that Plaintiff filed, we are confident that the Court would agree with us that Defendants would be hardly disadvantaged by a deferral of responses until we have had the Defendants['] discovery. That said, we will consider whether there are any contention interrogatories that can, at this stage, be answered.

Defs. Mot., Exhibit 3 at 2.

Assuming, for the sake of the argument, that defendants' interrogatories are indeed contention interrogatories and as such might be more appropriately propounded at the close of discovery,*fn2 this does not absolve plaintiff of her responsibility to reply to them in a timely fashion. Plaintiff should have responded to defendants' interrogatories to the best of her ability at the time they were propounded.*fn3 Alternatively, plaintiff should have sought relief from the court in the form of a protective order, seeking to delay her responses until other events had transpired. Failing that, plaintiff should have answered the interrogatories and not, as it were, sua sponte granted herself an extension of time within which to answer them. See Pulliam v. Continental Cas. Co., No. 02-CV-370, 2003 WL 1085939, at *7 (D.D.C. Feb. 27, 2003) ("The Court overrules Continental's objections based on over breadth and improper timing. The Court will not order a delay in responding to this inquiry. Fed. R. Civ. P. 33(c). Continental is directed to respond based on the information it now has and may supplement its responses as appropriate. Fed. R. Civ. P. 26(e)."). Compare Kendrick v. Sullivan, 125 F.R.D. 1, 3 (D.D.C. 1989) (denying defendants' motion to compel answers to contention interrogatories without prejudice to their ability to rewrite and resubmit the interrogatories once discovery has progressed further because interrogatories "effectively asked the plaintiffs to express their legal position on what are, in essence, hypotheticals").

II. The Form of Plaintiff's Answers

Two potential issues are raised by the parties in their arguments as to the correct form answers to interrogatories must take. The first issue is a party's reference to a business record in her answer to an interrogatory. According to defendants, plaintiff improperly answered the interrogatories by referring defendants to the Arrest Prosecution Report and to her Amended Complaint. Defendants District of Columbia, Officers Liliana Acebal, James Antonia and Jose Morales' Reply to Plaintiff's Opposition to Their Motion to Compel ("Defs. Reply") at 4. Plaintiff, on the other hand, claims that "these references were not intended to comply with Rule ...

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