Matthew Channon v. Liberation Distribution, LLC et al.

Summary

The United States District Court for the District of New Mexico grants Defendants’ motion for a protective order and denies Plaintiff’s motion to compel concerning additional discovery. The Court concludes that Plaintiff’s misrepresentations regarding withdrawal of his motion for leave to serve additional discovery undermined the basis for the prior order granting that motion. The Court warns Plaintiff that further misrepresentations may result in dismissal of the case and permits him to renew his request for additional discovery if appropriate.

Holdings

1. Defendants were entitled to a protective order, and they were not required to respond to Plaintiff's Second Set of Interrogatories, Requests for Production, and Requests for Admissions.
2. The court held that Plaintiff's deliberate misrepresentations to opposing counsel and the court were sanctionable under Federal Rule of Civil Procedure 11 and warned that another misrepresentation could result in dismissal of the case.
3. Plaintiff may renew his motion for leave to serve additional discovery if he chooses.

Questions Presented

1. Whether Defendants were entitled to a protective order relieving them from responding to Plaintiff's second set of discovery requests because the order authorizing the discovery was based solely on Plaintiff's misrepresentation that he had withdrawn the underlying motion.
2. Whether Plaintiff's misrepresentations to opposing counsel and the court were sanctionable under Federal Rule of Civil Procedure 11.
3. Whether Plaintiff could renew his request for leave to serve additional discovery.

Disposition

other