Colpitts v. Blue Diamond Growers

Background

Blue Diamond Growers asked the court for further relief concerning Matthew Colpitts’s compliance with the court’s December 27, 2021 order granting Blue Diamond’s motion to compel discovery. That earlier order required, among other things, an affidavit describing the document-preservation instructions that Colpitts’s counsel had orally given him. It also extended the fact-discovery deadline to January 10, 2022, to allow a possible continued deposition after additional production.

Requests

Blue Diamond argued that the affidavit supplied by Colpitts’s counsel did not state when the preservation instructions were given, what information beyond receipts Colpitts was told to preserve, or what sources of information he was required to preserve. Blue Diamond also sought an order requiring Colpitts to appear for a continued deposition after satisfactory document production. In addition, it requested a further short extension of fact discovery and an award of costs, including attorney fees, under the rule governing failures to obey discovery orders.

Court’s Ruling

The court denied the request without prejudice because the parties had not complied with the court’s requirement that they confer in good faith in person or by telephone. The court stated that the parties’ discussions appeared to be ongoing when Blue Diamond filed its request and that the discussions had occurred only by email. Judge John P. Cronan directed the parties to file a joint status letter by January 13, 2022, describing their positions on any remaining dispute and any discovery extension. The court extended fact discovery to that date retroactively. The order did not grant the requested affidavit, deposition, sanctions, or fee relief.