Greg Moore v. Thomas N. Thompson, II

Summary

The United States District Court for the Southern District of Indiana denied Greg Moore’s motions for leave to conduct limited early discovery and for preservation of evidence. The court held that Moore had not shown good cause or unique circumstances warranting expedited discovery, that the preservation duty had already attached upon service, and that an order compelling preservation was unnecessary.

Holdings

1. A party seeking expedited discovery must show good cause, including a prima facie showing of need, and the request must be reasonable in light of the entire record and surrounding circumstances. Plaintiff did not satisfy that standard for the requested communications, subpoenas, or other discovery.
2. A party's duty to preserve evidence attaches when the party knows or should know that litigation is imminent; here, Defendant's duty attached upon service accompanied by notice of the potential claims, and a court-issued preservation order was unnecessary.
3. A party seeking to depose an individual before the Rule 26(d) conference must seek leave of court and establish a basis showing good cause for the early deposition. Plaintiff failed to do so.

Questions Presented

1. Whether Plaintiff showed good cause and sufficient need for expedited discovery before the Rule 26(f) conference.
2. Whether the court should enter an order requiring Defendant to preserve relevant evidence.
3. Whether Plaintiff could obtain leave to take an early deposition before the parties' discovery conference.

Disposition

other