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Diversified Metal Products, Incorporated v. Bechtel National

January 6, 2011

DIVERSIFIED METAL PRODUCTS, INCORPORATED,
AN IDAHO CORPORATION, PLAINTIFF,
v.
BECHTEL NATIONAL, INC., A NEVADA
CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Honorable Ronald E. Bush U. S. Magistrate Judge

ORDER RE: DEFENDANT BECHTEL NATIONAL, INC.'S MEMORANDUM DECISION AND MOTION TO COMPEL(Docket No. 20)

Currently pending before the Court is Defendant Bechtel National, Inc.'s Motion to Compel (Docket No. 20). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order:*fn1

I. BACKGROUND

1. Plaintiff brought this action on August 25, 2009. See Compl. (Docket No. 1). Within its Complaint, Plaintiff outlined different categories of damages as to the various causes of action. For example, the Complaint stated:

a. "For the First Cause of Action, damages in an amount to be proven at trial, but in excess of Six Hundred Thirty-Three Thousand Six Hundred Ninety-Nine and no/100 Dollars ($633,699.00), plus interest thereon at the maximum rate allowed by law";

b. "For the Second Cause of Action, damages in an amount to be proven at trial, but in excess of Seven Hundred Two Thousand Thirty-Nine and no/100 Dollars ($702,039.00), plus interest thereon at the maximum rate allowed by law";

c. "For the Third Cause of Action, damages in an amount to be proven at trial, but in excess of Five Hundred Ninety-Four [Thousand] Two Hundred Ninety-Four and no/100 Dollars ($594,294.00), plus interest thereon at the maximum rate allowed by law"; and

d. "For the Fourth and Fifth Causes of Action, damages in an amount to be proven at trial, but in excess of One Million Nine Hundred Thousand Dollars ($1,900,000.00), plus interest thereon at the maximum rate allowed by law." See id. at p. 7, ¶¶ 1-4.

2. On January 5, 2010, U.S. District Judge Edward J. Lodge issued a Scheduling Order (Docket No. 16) outlining, among other things, the parties' expert disclosure deadlines. At that time, Plaintiff was to disclose expert witnesses and the expected testimony of those witnesses on or before September 10, 2010; Defendant was to disclose expert witnesses and the expected testimony of those witnesses on or before November 5, 2010; and Plaintiff was to disclose its rebuttal expert witnesses on or before December 10, 2010. See id. at p. 1. An October 11, 2011 trial date was also set. See id. at p. 4.

3. On or around January 14, 2010, Plaintiff submitted its FRCP 26(a)(1) Initial Disclosures. See Pl.'s Initial Disclosures, attached as Ex. 1 to 10/25/10 Bavand Aff. at ¶ 3 (Docket No. 20, Att. 3). There, Plaintiff "estimated its current, preliminary damages which are subject to change" to include the following:

a. "Breach of Contract - Bulges: Plaintiff has estimated its damages as of the date of the Complaint to be not less than $633,188.00. The computation of damages is attached as Exhibit A*fn2 to this disclosure statement (the 'Disclosure Statement').";

b. "Breach of Contract - WESP: Plaintiff has estimated its damages as of the date of the Complaint to be not less than $644,698.00. See Exhibit A to this Disclosure Statement."; and

c. "Breach of Contract - MDE: Plaintiff has estimated its damages as of the date of the Complaint to be not less than $594,294.00. See Exhibit A to this Disclosure Statement." See id. at p. 9 (italics and underlining in original).

4. On August 3, 2010, Defendant "propounded interrogatories seeking further specific information not previously provided regarding the amount of damages, the basis for the claims, and the method by which the damages were calculated." See Def.'s ...


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