Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brower v. Sprouts Farmers Market, LLC

United States District Court, D. New Mexico

August 8, 2017

ERLINDA BROWER, Plaintiff,
v.
SPROUTS FARMERS MARKET, LLC, and JOHN DOE, Defendants.

          ORDER ON MOTION TO COMPEL

          LAURA FASHING, UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER comes before the Court on defendant Sprouts Farmers Market, LLC's Motion to Compel (Doc. 45), filed on May 8, 2017. Plaintiff Erlinda Brower filed a response (Doc. 54), and defendant filed a reply (Doc. 56). Having considered the submissions of the parties and the relevant law, the Court finds the motion is not well-taken, and it will deny the motion.

         Defendant argues that plaintiff failed to comply with the requirement under Rule 26(1)(1)(A)(iii) that she provide a “detailed computation of each category of damages as well as supporting documentation and/or evidence for her claimed damages.” Doc. 45 at 9. Specifically, defendant argues that plaintiff failed to provide calculations concerning past and future medical expenses, and calculations of non-economic damages. Plaintiff argues that she provided a calculation of past medical expenses, promised to supplement her calculation of her future medical expenses, and that the rules do not require her to provide a calculation of non-economic damages. For the reasons below, the Court agrees with plaintiff.

         Initial disclosures are governed by Federal Rule of Civil Procedure 26, which in relevant part states:

(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:
. . .
(iii) a computation of each category of damages claimed by the disclosing party-who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered . . . .

Fed. R. Civ. P. 26(a)(1)(A)(iii).

         In her initial disclosures, plaintiff stated the following regarding her computation of damages:

An exact computation of Plaintiff's damages has not been made at this time. However, it is Plaintiff's belief that the following are the damages suffered by the Plaintiff:
Past Medical Expenses -Will be supplemented
Future Medical Expenses - Will be supplemented
Past and Future pain and suffering - To be determined by the trier of fact;
Past and future loss of enjoyment of life - To be determined by ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.