According to the dissent, the District Court has inherent authority to supervise the discovery process.
In my judgment the district court did not abuse its discretion when it ordered these individuals to respond under oath to certain interrogatories particularly those that the designated representative of the Party had refused to fairly or fully answer on the grounds that she lacked the information, that she did not know where the information could be obtained, that she was not aware of any such information, that she did not know of any documents containing the requested information, or that the information had been lost or destroyed.In my view the district court has an inherent power to supervise the discovery process and need not justify every exercise of its supervisory power by resort to some specific provision of the Federal Rules of Civil Procedure. Plaintiffs in this civil action have initiated the action and forced defendants into court. However, mention of such activity has been made in articles which have appeared in the "Black Panther" newspaper.(App. 1176-1178 (D.Minn.1972) was also relied upon.
See 8 C. Wright & A. Miller, supra, § 2291.Because we do not believe the District Court properly ordered the Party's officers to respond to the 107 interrogatories, the Party's failure to obey this order cannot support imposition of the sanction of dismissal. STANDARDS GOVERNING IMPOSITION OF THE SANCTION OF DISMISSALWe will begin by describing, in general terms, the legal standards that govern imposition of the sanction of dismissal under Rule 37(b) of the Federal Rules of Civil Procedure. This argument is also inconsistent with the fact that appellees' motion was a motion to compel under Rule 37(a), not a motion for immediate sanctions under Rule 37(d). See JA 95-96, 877, 932-933, 999. It also furnished "the names of all its directors and officers." Each Party officer may be required to respond to this interrogatory.Identify all documents which reflect the receipt of such a percentage by the Party or its officers, including but not limited to documents which either commend or criticize members in connection with the receipt of such a percentage or the failure to pay a percentage.Were Party members or officers required by any formal or informal rule or encouraged to obtain, carry, and/or train with firearms?Within the limits of the law and the Constitution, the right to bear arms and defend one's home and property was not discouraged.The response of the plaintiff hedges its answer. See Plaintiff Black Panther Party's Responses to Interrogatories of the Federally Represented Defendants, JA 163-164 For example, when asked to describe Party participation in the torture or torture-murder of Party members, Kelley stated that the Party had no information concerning any such events. REQUIRING PARTY OFFICERS TO RESPOND INDIVIDUALLYMy principal disagreement with the majority opinion is over its decision that past and present individual Party officers can not now be ordered to respond to interrogatories, particularly about acts in which they might have personally participated and have personal knowledge. The report accused the Department of Justice of failing to cooperate with investigations into its reason for dropping the case, stating "While the department has issued general statements that it enforces the laws without regard to race, these assurances do not confirm, deny or explain the specific allegations of misconduct […] Unfortunately, the department has thus far refused to address many of these specific claims or to provide the type of information that would allow the commission to properly review the decision making relating to the NBPP lawsuit. McCarthy v. Arndstein, Foss v. Gerstein, 58 F.R.D. The fact that the privilege was asserted in a civil setting does not justify a waiver rule. Then-The conduct for which members of the New Black Panther Party were accused of voter intimidation took place on Election Day in November 2008, at a polling station in a predominantly African-American, Two members of the New Black Panther Party, Minister King Samir Shabazz, and Jerry Jackson, stood in front of the entrance to the polling station in uniforms that have been described as The incident drew the attention of police, who around 10:00 am, sent King Samir away in part because of his billy club.
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