Russell v. Maman

Background

Stephen Russell and defendants Ryan Micheletti, Legion Industries, and Shield Corps Security filed a joint letter about a discovery dispute. Micheletti, identified as the custodian of records for Legion and Shield, withheld a two-page document at Bates Nos. 0696–0697 based on the Fifth Amendment privilege against compelled self-incrimination. The court reviewed the parties’ letter and the document privately, outside the presence of the parties.

Parties’ Positions

Russell argued that the document responded to discovery requests sent to Micheletti, Legion, and Shield. He asked the court to order Legion and Shield to produce it. The defendants argued that the document did not respond to any requests sent to Legion and Shield and that it was Micheletti’s document, not a document belonging to those entities.

Court’s Analysis

The court found the defendants’ argument that the document was not responsive to be baseless. It noted that the requests sent to the three defendants were identical or nearly identical and that defense counsel had previously represented that the document was responsive to similar requests sent to Micheletti.

The court also rejected the argument that Legion and Shield did not have to produce the document because it belonged to Micheletti. The opinion states that Micheletti was the chief financial officer of Legion and Shield and one of their partners and co-founders. The court relied on the rule that a corporation must produce responsive documents within the custody, control, or possession of its officers. It further explained that corporate entities cannot invoke the Fifth Amendment in response to discovery requests and that an individual custodian cannot use that privilege to block production of corporate records, even if producing them could personally incriminate the custodian.

Ruling

The court granted Russell’s request and directed Legion Industries and Shield Corps Security to produce the document at Bates Nos. 0696–0697 by March 17, 2021.