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Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1).
Plaintiff sued defendant for direct, contributory, and vicarious copyright infringement of images used by the latter. The defendant counterclaimed and alleged that plaintiff violated two statutes and committed several torts. In the disputed discovery request, the defendant requested that plaintiff should identify any person other than defendant that may have an interest in any recovery (Interrogation 19), and to produce responsive documents. Defendant filed a motion to compel against the plaintiff.
Did the defendant correctly filed a motion to compel against the plaintiff?
The court did not order plaintiff to respond to Interrogatory 19 and produce responsive documents. The defendant’s position was negligibly relevant, minimally important in resolving the issues, and unduly burdensome. The information was disproportional to the needs of the case.