DCP Midstream LP v. Anadarko Petroleum Corp., 2013 WL 3225846 (Colo. June 24, 2013).
In this contract law case, the Supreme Court of Colorado remanded the case due to the trial court’s inability to “take an active role managing discovery.” In the discovery period of the initial case, the plaintiff sought millions of pages of electronic (and paper) documents and submitted over 58 million requests for production. The defendants refused, stating these requests were outside the scope of discovery. The plaintiff responded by filing a motion to compel with the trial court. The defendants countered that the requests expanded the scope too far outside the range of the plaintiff’s allegations. Interpreting the newly revised Colorado Rules of Civil Procedure, the Colorado Supreme Court held that in the case of a scope debate, it is the trial court’s responsibility to “determine the appropriate scope in light of the reasonable needs of the case.” According to the Colorado Supreme Court, the trial court did not take an “active role managing discovery” and did not bother to determine the proper scope of the discovery. Thus, the court remanded the case to the trial court.