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Flores v. Southern Peru Copper Corp.
United States District Court for the Southern District of New York
414 F.3d 233 (2d Cir. 2003)
Flores (plaintiff) sued Southern Peru Copper Corp. (Southern) (defendant) in the United States District Court for the Southern District of New York. Flores’s amended complaint accused Southern of engaging in mining activities that caused harm to the environment for over 40 years. As required by Rule 26(f) of the Federal Rules of Civil Procedure (FRCP), the parties provided the court with a joint Report and Proposed Discovery Plan. Both parties agreed to delay making the initial disclosures required by Rule 26(a)(1)(A)-(C) regarding the identification of individuals who may be in possession of discoverable information, production or description of documents and other evidence, and the computation of Flores’s claimed damages pending the court’s ruling on Southern’s dispositive motion. Flores refused to waive the disclosure of any applicable insurance policies required by Rule 26(a)(1)(D). Southern objected to the disclosure on the ground that it should not be required to expend the effort and expense of finding the insurance policy or policies that may cover the 40-year period involved and drafting a confidentiality agreement, because if Southern succeeds on its motion, doing so would be unnecessary.
Rule of Law
Holding and Reasoning (Haight, J.)
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