Mercer v. Gerry Baby Products Co.

Citations: 160 F.R.D. 576; 32 Fed. R. Serv. 3d 571; 1995 U.S. Dist. LEXIS 10679; 1995 WL 103891Docket: Civ. No. 3-93-CV-10168

Court: District Court, S.D. Iowa; February 16, 1995; Federal District Court

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The Court addressed various discovery motions on February 10 and 14, 1995, amid significant animosity between Plaintiff's and Defendant's counsel, which has complicated the discovery process. This contentious environment has led to numerous motions to compel, stay discovery, and request protective orders, with both sides making personal attacks and accusations of fraud. The breakdown of professional conduct has hindered attempts to resolve disputes amicably, resulting in unilateral scheduling of depositions and a chaotic overall process. The Court aims to restore order and facilitate a timely trial, appointing a special master to oversee discovery, promote alternative dispute resolution, and encourage settlement discussions. Although this will incur short-term costs, the Court anticipates long-term savings for all parties. 

The procedural background indicates the case, initiated on November 10, 1993, stems from a fire on January 18, 1993, resulting in a child's death and serious injuries to another, with the Plaintiff attributing the fire's origin to a Gerry baby monitor. Gerry has filed Third-Party Complaints against four other entities linked to the incident. The case has amassed over 175 pleadings and numerous discovery-related motions. Specific motions regarding the deposition of former employee Mr. Fisher highlight ongoing scheduling difficulties, despite some cooperation from the Defendant in securing witness attendance. The Plaintiff's counsel attempted to ensure compliance through a subpoena, which has further complicated matters.

On January 17, 1995, Gerry's counsel rescheduled Mr. Gregg's deposition to optimize efficiency. Mr. Fisher arrived for his deposition on January 18 but was excused by Mr. Wallace, leading to a wasted afternoon for all attorneys present. Mr. Wallace justified the decision by stating that Mr. Fisher's deposition could not be completed in a short time, though Mr. Gregg's deposition could have been conducted that day. The court found Mr. Wallace's scheduling unreasonable and granted sanctions under Fed. R.Civ. P. 37, awarding attorneys' fees totaling $1,740 to various parties. 

Regarding additional discovery needed by Gerry to respond to Pittway/First Alert's Motion for Summary Judgment, the court ordered Pittway/First Alert to provide specific product literature and permitted a brief deposition of employee Beth Webber by March 1, 1995. Gerry was given until March 15, 1995, to respond to the summary judgment motion. 

For Gerry's motion to compel discovery from Holmes, a hearing is scheduled for February 24, 1995. An amended pretrial schedule was set, requiring all discovery to be completed by October 1, 1995, with specific deadlines for fact and expert witness disclosures and dispositive motions. A jury trial is projected to take eight weeks and will be scheduled after April 1, 1996. The court also indicated the necessity of appointing a special master for discovery management due to the exceptional circumstances affecting the case.

Appointment of a special master, attorney Robert Allbee, has been made to enhance efficiency and cost-effectiveness in managing discovery and settlement discussions, as per Fed. R. Civ. P. 53. Allbee will handle disputes and necessary measures for his duties, compensated at $200 per hour plus expenses, shared by the parties involved: Plaintiff and Defendant at $50/hour each, and Third-Party Defendants at $25/hour each. A report on the submitted matters will be prepared by the master, adhering to the guidelines of Fed. R. Civ. P. 53(e). 

Additionally, the Code of Professionalism from the Iowa State Bar Association outlines essential principles for lawyer conduct, emphasizing the importance of objectivity, respect, and civility in interactions with clients, opposing counsel, and the court. Key points include the lawyer's duty to maintain professionalism, treat all parties with respect, avoid antagonistic behavior, and ensure that procedural actions do not cause unnecessary delays or insult. Lawyers also have the discretion to grant accommodations that do not affect client rights and should promote professionalism among peers and newcomers. Notably, no hearings, trials, or depositions should be scheduled ex parte during the Iowa State Bar Association's Annual Meeting week or in August, unless necessary to protect client rights.