Judge orders defendants to supplement discovery within 20 days in pool-construction dispute

A Montgomery County judge ordered defendants in a residential pool-construction and consumer-protection suit to supplement discovery responses within 20 days, after plaintiffs said the defendants' initial answers were "substantively deficient" and that settlement talks had not halted discovery.

Plaintiffs, represented by attorney Noel Bagwell, said their complaint alleges breach of contract, negligent construction and violations of the Tennessee Consumer Protection Act arising from work on a Biodesign swimming pool. Bagwell told the court that the defendants had provided evasive or incomplete answers to written discovery and had not remedied those deficiencies after repeated written notices.

Defense counsel, Claire Hoksage, said her clients believed discovery had been paused because the parties were engaged in settlement negotiations and had a mediation scheduled in about four weeks. "Our understanding was discovery was paused pending settlement discussions," she told the court.

The judge declined to leave the parties without responses, noting that discovery and settlement negotiations may proceed in parallel. The court ordered the defendants to supplement their discovery responses within 20 days and encouraged counsel to conduct a formal meet-and-confer before filing motions in the future.

Why this matters: The court enforced discovery rules while recognizing the parties' interest in mediation. Plaintiffs had argued that without adequate discovery they could not evaluate settlement or prepare for trial; defendants argued that mediation and the parties' limited resources weighed against burdensome productions before mediation.

Quotes from the hearing - Plaintiff counsel Noel Bagwell: "They have repeatedly refused to cure the deficiencies in their initial discovery responses. ... Their stonewalling efforts are just dragging this out and making it all much more expensive." - Defense counsel Claire Hoksage: "We confirmed our understanding that discovery was paused pending settlement discussions. ... We have a mediation scheduled for April 2." - The court: "I am going to order that the discovery be supplemented to result within the next 20 days so that they can know where they are."

Next steps: Defendants must supplement their responses and produce available communications, including texts and other documents identified in plaintiffs' requests, to the extent they exist or can be located. The judge reiterated that the local rule requires mediation and encouraged the parties to proceed with a mediator already selected.