JW Gaming Development, LLC v. James

Background

JW Gaming Development, LLC asked the court to compel the Pinoleville Pomo Nation (the Tribe) to respond to 11 post-judgment interrogatories and produce documents requested in 13 requests for production. The discovery sought information that JW Gaming said would help locate and trace the Tribe’s assets and enforce an $8.5 million judgment.

The Tribe had refused to answer the interrogatories and had opposed document production based on generalized objections. The Tribe continued to assert that it had not waived sovereign immunity. It also argued that provisions in the parties’ promissory note limited discovery to gaming-revenue assets and that the requests were overbroad, burdensome, or invaded privacy.

Court’s analysis

The court rejected the Tribe’s reliance on sovereign immunity and its interpretation of the promissory note because those arguments had already been rejected earlier in the case. The court also determined that the interrogatories were narrowly tailored and reasonably calculated to obtain information relevant and necessary to locating and tracing assets for enforcement of the judgment.

The court held that post-judgment discovery has a very broad scope and can include matters even arguably related to finding or tracing assets or enforcing a judgment. It overruled the Tribe’s privacy and overbreadth objections to Requests for Production Nos. 1, 5, 6, 7, 8, 9, 10, and 13, concluding that the protective order already in the case adequately addressed privacy concerns. It also overruled the Tribe’s objection to Request No. 12, which sought documents concerning financial progress reports submitted to the federal government in connection with Coronavirus Aid, Relief, and Economic Security Act funds.

For Request No. 2, seeking bank statements, the court sustained the Tribe’s objection in part, but only to the extent that the Tribe did not have to produce WestAmerica Bank documents JW Gaming had already obtained through the subpoena process. The court overruled the objection in all other respects. The court granted the requests concerning Requests for Production Nos. 3, 4, and 11 because the Tribe had not raised specific objections to them.

Ruling

Judge Illman granted JW Gaming’s request to compel the Tribe to answer all 11 interrogatories and produce responsive materials for the requests for production as described in the order. The Tribe’s objections were overruled except for the limited, partial ruling concerning duplicate WestAmerica Bank records. The Tribe was ordered to provide the answers and documents by noon on Wednesday, June 16, 2021.