Free Motion for Order to Show Cause - District Court of Arizona - Arizona

I Marshall Meyers (020584)
2 Ian Pryor (022651) . a
KROHN & MOSS, LTD.
3 111 West Monroe, Suite 711
4 Phoenix, AZ 85003 I L
(602) 275-5588 ;
5 (866) 385-5215 (facsimile)
6 Attorneys for Plaintiff
7 UNITED STATES DISTRICT COURT _
_ 8 F FOR THE DISTRICT OF ARIZONA
9
I0 CHARLES DE SHAZER, ) Case No. CIV 03-869-PHX-F JM
. . )
ll Plaintiff, ) PLAINTIFF’S MOTION FOR A }
12 ‘ ) ORDER FOR DEFENDAN
B vs ) FREIGHTLINER TO SHOW CAUS
_ ) WHY THIS COURT’S PREVIOU
14 NATIONAL RV HOLDINGS, INC., ) DISCOVERY ORDER WAS NO
1 and FREIGHTLINER CUSTOM ) COMPLIED WITH
5 CHASSIS CORPORATION )
5 16 J ‘
Defendants. A
17 Plaintiff and Defendant Freightliner appeared for multiple- discovery dispute
18 ?
I - E9 0 during this litigation. In particular, Plaintiff and Defendant Freightliner appeared befor
2Q .Judge Silver on two occasions and among the topics in dispute were agreement
21 p (indemnification or otherwise) between National RV Holdings, Inc. and Preightline
Custom Chassis Corporation See discovery dispute transcripts (Janurary 25, 2005 _
24 attached hereto as Exhibit and March 3, 2005, attached hereto as Exhibit B.) On pag
25 16 ofthe transcript before Judge Silver of March 3, 2005, Mr. White stated to the Cour
26 I
that Freightliner was turning over the purchase order in response to the question abou i
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28 whether or not Iireightliner and National RV had indemnification agreements. Se :
1 T
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I Exhibit B. Mr. Vlfhite goesfurther on to state that in response to Plaintiffs request fo
2 indemnification agreements that "There is no such agreement? Id. at p..l6, line 21.. O
3 ;
4 page 22 of the transcript Judge Silver stated that our request "requires an explici
5 response so you’re not back in court here.. And I will tell you if it comes back to m I
6 again with hair-splitting distinctions between what has been asked and what has bee
produced, there is no question that l will award sanctions to opposing parties," Id. a
9 p.22, lines 8-I3. .Judge Silver further stated, "Tell your client that they are to answer—i
10 is to answer these questions explicitly. And tell them what the court said about th l
j; imposition of sanctions? Id. Judge Silver warned that Freightliner "need[ed] to produc
is more, not less. Your client needs to look at this in the broadest perspective that i
I2 possible."- Id. at p.25, lines 8-l l. I
ig On or about October 6, 2005, in response to Plaintiffs counsel learnin
17 independently of an agreement administered by RVIA (Recreational Vehicle Industr
18 -Association), Defendant National RV produced to Plaintiff a copy of its arbitratio
gi agreement with Freightliner which has been in effect since 1996. See correspondenc
2] and agreement attached hereto as Group Exhibit C., Defendant Freightliner followe
22 National and supplemented its response to Plaintiffs request for production on or abou
if October 7, 2005. See supplement attached hereto as Group Exhibit D. This arbitratio
25 agreernent fell under the Court’s previously ordered discovery (an indemnificatio
26 agreernent is by definition an agreement to make compensation for loss or damage, se
27 definition attached hereto as Exhibit E). Despite repeated questions of Defendan ‘
28
Freightliner and requests for follow up discovery on the issues, Plaintiff has not be give
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1 a satisfactory reason as to why Preightliner averred to this Court that no such agreement
2
existed when in fact at least one did., `
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4 WI-IEREFORE, Plaintiff requests this Honorable Court enter an Order fo 1
5 Freightliner to show cause why it did not comply with this Court’s previous discover E
6 Order, as said non-compliance precluded iiirther meaningful discovery
7
9 RESPEC TPULLY SUBMITTED this 9th day oflanuary 2006.,
10 g
H By: s/lan Pryor
12 Marshall Meyer s
lan Pryor
B xuorns & Moss, LTD.
-14 111 W, Monroe, Ste, 711 j
Phoenix, AZ 85003 ,
I5 Attorney for Plaintiff i
16 {
Filed electronically on this 9th day of January 2006, with:
17
18 United States District Court CM/ECP system
19 Courtesy Copy mailed this 9th day of January 2006, to:
20 Hon Frederick J 1. Martone 5
21 United States District Court, District of`Ariz0na ‘
22 401 West Washington
Phoenix AZ 85003
23
24 s/lan Prxgr `
lan Pryor A
25 A
26
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Case 2:03-cv-00869-FJM

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