Krieger v. Texaco, Inc.

CURTIN, District Judge.

Now more than ten years old, this action is still in the discovery stage. Pending at present is defendant’s motion for an order pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure imposing sanctions for plaintiffs’ failure to comply with the court’s order entered June 4, 1971. The sanction sought is preclusion of proof by plaintiffs of secondary damages. In pertinent part, the order required identification of the documents used in computing each element of the secondary damages claimed by plaintiffs, also referred to as indirect damages or damages for loss…