Kroll vs. Incline Village General Improvement District, et al.

Reply to Defendants' Opposition to Plaintiff's Motion to Compel Discovery


Defendant municipality changed an Affidavit from "the best of my recollection" to "from my review of the records of IVGID" after plaintiff had moved to strike the original affidavit as not made on personal knowledge. After the change, plaintiff served interrogatories seeking the identification of each record reviewed by the affiant, but "four months have gone by and those documents still remain unidentified and unproduced," says plaintiff in this final document before decision on his Motion to Compel Discovery and for Sanctions. "Why is this?" asks the Reply Memo. "The Affiant obviously knows what she looked at in coming to her twice-made sworn conclusions, and the documents have been promised constantly ?" "The failure after so much time of defendant IVGID to produce the evidentiary material on which they rely to get dismissal of plaintiff's Complaint raises big questions," according to the Reply. When these records finally ARE produced, will they be reliable? "Will they have been altered, vetted, massaged?" asks Plaintiff, who suggests to the Court that a remedy for this violation of the Discovery Rules be a court-supervised audit paid for by defendants, "so that all question of both the authenticity of the documents relied upon and the conclusions made therefrom could be finally and reliably determined." Several other discovery abuses are also discussed, focusing especially on Requests for Admissions seeking the authentication of some of plaintiffs' documents.

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Reference Info:Legal Memoranda: Discovery Motions | Federal, 9th Circuit, Nevada | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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