Ex parte Dolgencorp, LLC.

Dolgencorp, LLC ("Dollar General") filed a petition for a writ of mandamus requesting relief from a discovery order entered by the Tuscaloosa Circuit Court on February 8, 2017. In 2016, Daisy Pearl White Freeman was operating her vehicle in the Northwood Shopping Center in Northport, Alabama. She lost control of her vehicle, ran over the curb and onto the sidewalk, and struck Deborah Gilliam, who had just walked out of a Dollar General store located in the shopping center. Gilliam sued Dollar General, among others. As to Dollar General, the complaint stated claims of negligence and wantonness. Gilliam then filed a notice of intent to serve subpoenas on nonparties Dolgencorp of New York, Inc.; Dolgen Midwest, LLC; Dolgencorp of Texas, Inc.; Dollar General Partners; DG Louisiana, LLC; and DG Retail, LLC (collectively as "the nonparty Dollar General entities"). Dollar General filed a motion to quash the nonparty subpoenas, arguing that the nonparty subpoenas were unduly burdensome. When the trial court refused, Dollar General petitioned the Alabama Supreme Court for mandamus relief from the discovery order. The Supreme Court concluded that even though the trial court modified the scope of discovery in this case, the discovery ordered was as oppressive and burdensome as the discovery requests in Ex parte Compass Bank, 686 So. 2d 1135 (Ala. 1996), and Ex parte Mobile Fixture & Equipment Co., 630 So. 2d 358 (Ala. 1993). Therefore, the burden on Dollar General to comply with that order was out of proportion to any benefit Gilliam would obtain from the requested information. Therefore, the Court concluded Dollar General established it had a clear legal right to relief from the trial court's February 2017 discovery order. View "Ex parte Dolgencorp, LLC." on Justia Law