Katherine Willett v. Christopher Dahlberg

Summary

The District Court of the Virgin Islands addresses a motion to compel discovery in Willett v. Dahlberg. The dispute concerns Katherine Willett’s invocation of the Fifth Amendment in response to requests for admission and document requests involving an alleged transfer of funds, as well as requests for medical and professional-licensing records. The court’s discussion applies Federal Rules of Civil Procedure 26, 34, 36, and 37 and the law governing testimonial privilege and waiver.

Holdings

1. Because Willett did not serve answers or objections within Rule 36(a)(3)'s thirty-day period, Requests for Admission 11 and 12 were admitted and conclusively established under Rule 36.
2. Even if the requests were not admitted by operation of Rule 36, Willett waived the Fifth Amendment privilege as to them by failing to invoke it timely and by voluntarily disclosing incriminating facts.
3. Willett was required to produce the documents responsive to Request for Production 1, including PayPal account statements for 2023 and 2024 related to the Truist transactions.
4. The motion to compel was denied as to Requests for Production 14, 15, and 16.

Questions Presented

1. Whether Willett's responses to Requests for Admission 11 and 12, served five days late and invoking the Fifth Amendment, were admitted under Rule 36(a)(3) and whether the privilege was independently waived.
2. Whether Willett could refuse to produce PayPal and related transaction records by invoking the Fifth Amendment.
3. Whether Dahlberg was entitled to compel production of VIBME records, mental-health records, and Three Rivers Behavioral Health records.

Disposition

other