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Capps v. Bullion Exchange, LLC

United States District Court, N.D. Oklahoma

March 25, 2019

ZACHARY W. CAPPS and ASPEN VALLEY HOLDINGS, LLC,, Plaintiffs,
v.
BULLION EXCHANGE, LLC and ERIC GOZENPUT, Defendants.

          OPINION AND ORDER

          FRANK H. HCCARTHY, JUDGE

         Defendant Bullion Exchange, LLC's Motion to Compel Discovery Responses From Plaintiff Zachary W. Capps, [Dkt. 39], and Defendant Bullion Exchange, LLC's Second Motion to Compel Discovery Responses From Plaintiff Zachary W. Capps, [Dkt. 45], are before the undersigned United States Magistrate Judge for decision. The matters have been fully briefed. [Dkt. 39, 46, 45, 49, 50, 54].

         Dkt. 39

          The remaining discovery dispute concerns Defendant's Request For Production of Documents Nos. 11, 13, 14, 15, and 17 which seek the following information:

No. 11: Produce all documents, recordings and other materials which in any way relate to other gold or precious metal orders you, or someone on your behalf, has made from January 1, 2014 to the present.
No. 13: Produce all documents, recordings and other materials relating to all precious metals you, or someone on your behalf, sold from January 1, 2014 to the present.
No. 14: Produce all documents, recordings and other materials relating to any chargeback requested, and /or or [sic] claim filed by you, or someone on your behalf, with a credit card company, PayPal, or insurance company within the past five (5) years.
No. 15. Produce all documents, recordings and other materials relating to any cases or claims filed by you or someone on your behalf with the United States Postal Service within the last five (5) years.
No. 17: Produce a copy of your credit card statements which reflect all purchases your [sic] or someone on our behalf made and/or all chargebacks for precious metals and other investments from January 1, 2014 through the present.

[Dkt. 39, pp. 7-8]. Plaintiff asserted the same objection to every request: “Capps objects on the grounds the request is not relevant to the subject matter of this litigation. Capps objects on the grounds the request is overly broad, unduly burdensome and vague.” Id.

         In response to the motion to compel, Plaintiff states that he owns several rent houses and constructs new homes. He asserts that Defendant is not entitled to information related to those endeavors. [Dkt. 46, p. 6]. Plaintiff argues the information sought is not relevant.

         The court finds that considering the factors listed in Fed.R.Civ.P. 26(b)(1), Plaintiff's responses should be limited to Plaintiff's buying and selling of gold or other precious metals. The dispute in this case came about as a result of allegedly false derogatory statements Defendant made about Plaintiff's business practices. Defendant has referred to information about other precious metals transactions that Defendant claims will demonstrate the truth of the statements. Defendant has not, however, provided any information about Plaintiff's practices in other areas of his business dealings. The court will not order wide ranging and intrusive discovery into Plaintiff's business dealings absent specific information from Defendant as to what he was referring when he made the statements at issue in this case. The court finds that Plaintiff's responses are properly limited to information related to gold and precious metals transactions.

         Defendant Bullion Exchange, LLC's Motion to Compel Discovery Responses From Plaintiff Zachary W. Capps, [Dkt. 39], is granted in part and denied in part as specified herein.

         Dkt. ...


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