United States District Court, W.D. Kentucky, Louisville Division
JAMIE L. WILDEN, et al., Plaintiffs
LAURY TRANSPORTATION, LLC,, Defendants
MEMORANDUM OPINION AND ORDER
Lindsay, Magistrate Judge United States District Court.
the Court is a motion to compel filed by Richard M. Breen, G.
Adam Redden, and the Richard Breen Law Offices, P.S.C.,
(together, “Breen”). (DN 202.) Jamie L. Wilden,
as legal guardian of Janice Wilden, and Jacob Yeager, as
legal guardian of V.Y., (together, the
“Plaintiffs”) oppose the motion. (DN 204.) The
Court will grant Breen's motion to compel.
procedural history of this case is complicated. The Court
will detail only what is necessary for understanding the
parties' discovery dispute.
24, 2013, Janice Wilden and her child, V.Y., were involved in
a car wreck with a Great Dane trailer. (DN 182, #3651.)
Janice Wilden was severely injured, and V.Y.'s injuries
are unknown. (Id.)
27, 2013, Tanya Wilden retained Breen to represent her daughter,
Janice. (DN 204-2.) That same day, Jacob Yeager retained
Breen to represent his child, V. Y. (DN 204-3.) The
Plaintiffs agreed to pay Breen one third of any recovery.
(DNs 204-2 & 204-3.)
early July 2013,  Tanya Wilden fired Breen. (DN 204-4.)
5, 2013, Breen filed a complaint in Jefferson Circuit Court.
(DN 204-5.) On July 9, Breen amended the complaint, and Breen
amended again on July 19. (DNs 204-6 & 204-7.)
Yeager fired Breen in a letter dated August 13, 2013. (DN
208-8.) Jacob Yeager wrote, “I strongly feel that your
representation for me, my son [V.Y.] and Janice Wilden has
been misleading to me and that my lack of knowledge for the
legal system has been taken advantage of by you and your
office.” (DN 208-8 (brackets added).)
August 13, 2013, the case was removed to this Court. (DN 1.)
On August 29, 2013, Breen filed a notice of an attorney lien.
(DN 9.) On September 3, 2013, the Court entered an order
substituting Allen Gruner for Breen as the Plaintiffs'
attorney in this action. (DN 10.)
case progressed. In August 2015, the Plaintiffs settled with
Defendants Dwight Weisner, Victory Road Transportation, LLC,
and Laury Transportation, Inc. (See DN 92; see
also, Progressive Southeastern Ins. Co. v. Victory
Road Transp., LLC, 3:15-cv-107-DJH-CHL.) The Plaintiffs
also dismissed claims against Defendant Piggyback Leasing,
Inc. (See id.) The remaining defendant, Great Dane
Limited Partnership, prevailed on summary judgment. (DN 182.)
The Court dismissed the action. (DN 183.)
October 12, 2016, the Court reinstated this case for the
limited purpose of adjudicating the attorney lien asserted by
Breen. (DN 192.) Breen seeks to recover a fee in the amount
of $291, 666.66 and costs of $4, 112.75. (DN 101.) Now, Breen
moves to compel the Plaintiffs to produce documents in
response to Breen's Requests for Production. (DN 202-1,
#3783 - 84.) Breen also moves to compel the Plaintiffs
to sign their Responses to Breen's Interrogatories.
(Id., #3789 - 90.)
governs the scope of discovery. It says:
26. Duty to Disclose; General Provisions Governing Discovery
Discovery Scope and Limits.
(1) Scope in General. Unless
otherwise limited by court order, the scope of discovery
regarding any nonprivileged matter that is relevant to any
party's claim or defense and proportional to the needs of
the case, considering the importance of the issues at stake
in the action, the amount in controversy, the parties'
relative access to relevant information, the parties'
resources, the importance of the discovery in resolving the
issues, and whether the burden or expense of the proposed
discovery outweighs its likely benefit. Information within
this scope of discovery need not be admissible in evidence to
Fed. R. Civ. P. 26(b)(1). “Information is discoverable
under revised Rule 26(b)(1) if it is relevant to any
party's claim or defense and is proportional to the needs
of the case.” Fed.R.Civ.P. 26(b)(1) advisory
committee's note to 2015 amendment.
governs interrogatories. It says:
Rule 33. Interrogatories to Parties