Civil Procedure Keyed to Glannon
Flores v. Southern Peru Copper Corp.
Facts
Flores (Plaintiff) filed suit against South Peru Cooper Corp. (Defendant) in the United States District Court for the Southern District of New York, alleging that Defendant conducted mining activities that harmed the environment for more than 40 years. Under Rule 26(f) of the Federal Rules of Civil Procedure, the parties are required to give the court a combined “Report and Proposed Discovery Plan.” Under Rule 26(a)(1), the parties are required to make initial disclosures regarding discovery. The parties agreed to delay these initial disclosures regarding the following: the identity of individuals possessing discoverable information, the production of evidence, and the amount of damages Plaintiff claimed. However, the parties disagreed on waiving the disclosure of any applicable insurances policies. Defendant argued that the disclosure of insurance policies over a 40-year period involved an undue burden and expense that may not be necessary if Defendant’s dispositive motion was granted.
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