Flagstar Bank v. Federal Insurance Company

Full title: FLAGSTAR BANK, Plaintiff, v. FEDERAL INSURANCE COMPANY, et al, Defendants

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 31, 2006

Civil Action No. 05-CV-70950-DT (E.D. Mich. Mar. 31, 2006)

Opinion

Civil Action No. 05-CV-70950-DT.

March 31, 2006

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT FEDERAL'S MOTION TO COMPEL (DOCKET # 27)

MONA MAJZOUB, Magistrate Judge

On January 10, 2006 Defendant Federal filed a Motion to Compel. Plaintiff responded to this motion on February 2, 2006 and Defendant Federal filed its reply on February 13, 2006. District Court Judge Lawrence P. Zatkoff referred this motion to the undersigned for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). All parties appeared through counsel for oral arguments on March 29, 2006. This motion is now before this Court.

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Pursuant to Federal Rules of Civil Procedure, Rule 33(a) Defendant Federal served Plaintiff with written Interrogatories on September 1, 2005. (Def.'s Mot. to Compel at Ex. B, D). Defendant Federal seeks an order compelling Plaintiff to produce substantive responses to these Interrogatories. Plaintiff alleges that it responded to all of Defendant Federal's Interrogatories. Upon consideration of the parties' motions and briefs, and the oral arguments presented, the Court does GRANT IN PART AND DENY IN PART Defendant Federal's Motion to Compel.

The Court DENIES Defendant Federal's Motion to Compel as to Interrogatories numbered 4 and 5 as the Interrogatories are improper in form and ask for speculation.

The Court GRANTS Defendant Federal's Motion to Compel as to Interrogatories numbered 1, 2, 3, 6, 7 and 8. The Court orders Defendant to supplement or amend its responses to said Interrogatories on or before April 14, 2006 as follows and in a manner consistent with the discussion of record:

Interrogatories numbered 1, 2 and 3 :

Plaintiff will supplement or amend its responses by specifically identifying all records that are responsive to these Interrogatories pursuant to the requirements contained within Federal Rules of Civil Procedure, Rule 33(d).

Interrogatory number 6:

Plaintiff will amend or supplement its response to answer the Interrogatory to the extent that it does not ask for a legal conclusion.

Interrogatories numbered 7 and 8:

Plaintiff will supplement or amend its responses to state the facts of which it is currently aware and which are responsive to these Interrogatories

NOW, THEREFORE, IT IS HEREBY ORDERED that Plaintiff will amend or supplement its written responses to Defendant Federal's Interrogatories numbered 1, 2, 3, 6, 7 and 8 in a manner consistent with that stated above. IT IS FURTHER ORDERED that Plaintiff will forward said amended or supplemented written responses to Defendant Federal on or before April 14, 2006 in a manner consistent with the discussion above.

IT IS SO ORDERED.