• ALJ Shaw Grants Motion To Compel In Certain Crawler Cranes (337-TA-887)
  • December 11, 2013 | Authors: John F. Presper; Thomas C. Yebernetsky
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 4, 2013, ALJ David P. Shaw issued the public version of Order No. 9 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

    According to the Order, Complainant Manitowoc Cranes, LLC (“Manitowoc”) filed a motion to compel Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”) to provide complete responses to certain interrogatories which Manitowoc alleged that Sany inappropriately refused to answer.  Manitowoc also asserted that many of Sany’s interrogatory responses failed to comply with Commission Rule 210.29(c) permitting interrogatories to be answered by specifying relevant records.

    ALJ Shaw determined that Sany must provide complete responses to the interrogatories at issue, reasoning that Sany’s refusal to respond to certain interrogatories and limited responses to other interrogatories was improper because Manitowoc’s interrogatories were reasonably calculated to lead to the discovery of admissible evidence.  The ALJ also found that Sany failed to comply with Commission Rule 210.29(c) because several of Sany’s responses either failed to reference specific documents by bates number, or failed to adequate answer the interrogatory in question.  Accordingly, ALJ Shaw granted the motion.