Robert L. Adger, II, et al. v. Former Commissioner Robert Coupe, et al.

Summary

The court granted in part and denied in part Plaintiffs’ third motion to compel discovery in a civil rights action arising from alleged mistreatment of inmates following a 2017 prison uprising. Defendants were ordered to submit an affidavit confirming the nonexistence of additional CERT or QRT rosters for specified dates, while requests concerning use-of-force reports and attorneys’ fees were denied. The court also cautioned that future nondispositive motions may be dismissed for failure to comply with the District of Delaware’s oral meet-and-confer requirement.

Holdings

1. The court granted the motion to compel in part by requiring Defendants to serve and file an affidavit from a knowledgeable Delaware Department of Correction employee confirming the representation that no additional CERT or QRT rosters exist for the specified Critical Dates, accompanied by counsel's signed certification that counsel made a reasonable inquiry into the accuracy of the sworn statements. The request for production of additional rosters was denied in all other respects.
2. The court denied without prejudice Plaintiffs' request to compel production of use-of-force reports and associated administrative or investigative documents.
3. Plaintiffs were not entitled to attorneys' fees and costs under Federal Rules of Civil Procedure 26(g)(3) and 37(a)(5)(A)(ii).
4. Plaintiffs did not satisfy District of Delaware Local Rule 7.1.1 because they did not engage in the required oral communication before filing the motion to compel. A teleconference held after filing did not cure the deficiency.

Questions Presented

1. Whether Defendants should be compelled to produce additional CERT or QRT rosters or provide an affidavit confirming that no additional rosters exist.
2. Whether Defendants should be compelled to produce use-of-force reports and related administrative or investigative documents.
3. Whether Plaintiffs were entitled to attorneys' fees and costs under Federal Rules of Civil Procedure 26(g)(3) and 37(a)(5)(A)(ii).
4. Whether Plaintiffs satisfied District of Delaware Local Rule 7.1.1's oral meet-and-confer requirement before filing the motion to compel.

Disposition

other