MacDermott v. Shelabarger

Background

Troy MacDermott moved to compel discovery from Benjaman Shelabarger. MacDermott sought responses to a document request and 14 interrogatories that he served on February 11, 2025. Shelabarger did not respond to the motion. During discovery, Shelabarger had objected that the requests were immaterial or not relevant, except for one interrogatory.

The document request sought Shelabarger's judgment and conviction records and his entire disciplinary record. The interrogatories sought information about the allegations underlying the case, as well as information the court found unrelated or irrelevant. The opinion states that the allegations concern Shelabarger's alleged defamation of MacDermott.

Legal standard

Under Federal Rule of Civil Procedure 26, discovery may cover nonprivileged information relevant to a claim or defense and proportional to the needs of the case. The party seeking discovery must make a threshold showing that the requested information reasonably bears on the issues. Under Rule 37, a party may ask the court to compel responses when the other party fails to produce documents or answer discovery.

Ruling

The court found that the requested conviction and disciplinary records were neither relevant nor proportional. The record did not suggest that Shelabarger had been charged or disciplined for defaming MacDermott. The court therefore denied MacDermott's request for responses to the document request.

The court found that Interrogatory Number 1 had been answered appropriately. It denied MacDermott's request for complete responses to Interrogatory Numbers 1, 3, 6, 7, and 14. It granted the request for complete responses to Interrogatory Numbers 2, 4, 5, 8, 9, 10, 11, 12, and 13, finding those interrogatories relevant and proportional. Shelabarger must provide complete responses to those nine interrogatories by May 5, 2025.

The court expressly granted in part and denied in part MacDermott's Motion to Compel. It stated that it may impose sanctions under Rule 37 if Shelabarger fails to comply with the order.

Disposition

The Motion to Compel was GRANTED IN PART AND DENIED IN PART. The document-request portion was denied; the requests concerning Interrogatory Numbers 1, 3, 6, 7, and 14 were denied; and the requests concerning Interrogatory Numbers 2, 4, 5, 8, 9, 10, 11, 12, and 13 were granted.