Ex parte Locklear Chrysler Jeep Dodge, LLC

Locklear Chrysler Jeep Dodge, LLC, and Locklear Automotive Group, Inc. (collectively, "Locklear"), sought a writ of mandamus to order the Bibb Circuit Court to vacate certain discovery orders in actions filed against Locklear by Rhonda Cook, James McKinney, and James Daniel Parker (collectively, "the purchasers"), who alleged that they were victims of identity theft by a Locklear employee. In July and August 2016, each purchaser alleged that the employee used the personal information from the purchaser's credit application to purchase thousands of dollars in cellular-telephone services. They asserted claims of negligence, wantonness, invasion of privacy, conversion, fraud, tort of outrage, civil conspiracy, violations of Alabama's Consumer Identity Protection Act, and breach of fiduciary duty. Shortly after filing their lawsuits, the purchasers sought general discovery, including interrogatories, requests for production of documents, requests for admissions, and notices of deposition. In response to the three actions, Locklear filed a motion in each action seeking an order compelling arbitration staying the action. The trial court held a hearing on the motions, but did not rule on them. Subsequently, each of the purchasers filed a motion to compel Locklear's responses to their discovery requests and to deem admitted their requests for admissions. The trial court granted the purchasers' motions. Locklear then filed three petitions for mandamus review. While the mandamus petitions were pending, the trial court granted Locklear's motions to stay discovery. The Alabama Supreme Court noted that, in the instant case, the issue presented for its review was not to review the trial court's order denying a motion to compel arbitration; the trial court has not yet ruled on Locklear's motion to compel. The Supreme Court was reviewing the trial court's general discovery orders, and concluded the trial court exceeded its discretion by allowing general discovery before the resolution of the issue whether the purchasers must arbitrate their claims. Furthermore, because it would be unfair to require Locklear conduct merit-based discovery prior to deciding the arbitration issue, and because Locklear could not be afforded the relief it seeks after that discovery has been conducted, Locklear does not have an adequate remedy by ordinary appeal. Accordingly, the Court granted the petitions and issued the writs, directing the trial court to vacate its orders requiring Locklear to respond to the purchasers' discovery requests, including the requests for admissions and to sit for depositions. View "Ex parte Locklear Chrysler Jeep Dodge, LLC" on Justia Law