In re: Robinson Helicopter Co., Inc., Petitioner.
Robinson Helicopter Co., Inc., Defendant - Appellant Kimberly Long; Ronald Long; Wayne M. Holtmeier, Sr.; Juanita Miner. Plaintiffs - Appellees, Sacha Wood; Ray Aaron; Melinda Aaron; Travis Fairchild, Intervenors - Appellees.
March 30, 2016
Appeals from United States District Court for the Western
District of Missouri - Springfield.
re: Robinson Helicopter Co., Inc., Petitioner (16-1572):
Michael G. Berry, Theodore L. Lynch, Marshall V. Wilson,
Berry & Wilson, Jefferson City, MO; George Andrew Coats,
Coats & Evans, The Woodlands, TX; Tim A. Goetz, Terrrance,
Kimberly Long, Ronald Long, Plaintiff - Appellee (16-1604):
Morry Sean Cole, Maurice B. Graham, Gray & Ritter, Saint
Wayne M. Holtmeier, Sr., Plaintiff - Appellee (16-1604): A.
Ilyas Akbari, Baum & Hedlund, Los Angeles, CA; Morry Sean
Cole, Gray & Ritter, Saint Louis, MO; Michael L. Hodges,
Juanita Miner, Plaintiff - Appellee (16-1604): Randy W.
James, James & Totta, Lee's Summit, MO.
Sacha Wood, Intervenor - Appellee (16-1604): Sean Cleary,
Miami, FL; Scott A. Hunter, Hunter & Cassidy, Kansas City,
Aaron, Melinda Aaron, Travis Fairchild, Intervenors -
Appellees (16-1604): Scott A. Hunter, Hunter & Cassidy,
Kansas City, MO; Michael A. Simpson, Bridgeport, TX.
Robinson Helicopter Co., Inc., Defendant - Appellant
(16-1604): Michael G. Berry, Theodore L. Lynch, Marshall V.
Wilson, Berry & Wilson, Jefferson City, MO; George Andrew
Coats, Coats & Evans, The Woodlands, TX; Randy Cowherd, Haden
& Cowherd, Springfield, MO; Tim A. Goetz, Terrrance, CA.
SMITH, ARNOLD, and COLLOTON, Circuit Judges.
Helicopter Company petitions for a writ of prohibition that
would prevent the district court from enforcing an order
filed February 23, 2016. The order directs Robinson
Helicopter to file with the district court exhibits from
depositions taken in Long v. Robinson Helicopter Company,
Inc., No. 09-3283-CV-S-ODS (W.D. Mo.), a civil case that
was filed in 2009 and closed in April 2012 after a settlement
and judgment. Respondents Melinda Aaron, Ray Aaron, and
Travis Fairchild, intervenors in the district court, seek the
deposition exhibits for use in a civil action filed against
Robinson Helicopter that is pending in California state court
and scheduled for trial on April 11, 2016.
of prohibition is an extraordinary form of relief that is
available to correct a clear error of law where the aggrieved
party has no other adequate means to attain the desired
relief. In re Union Elec. Co., 787 F.3d 903, 908 &
n.4 (8th Cir. 2015). We conclude that a writ should issue
here, because the district court lacks power to impose any
new discovery-related requirements on the parties to the
Long case after that lawsuit was settled and closed
in 2012. See Public Citizen v. Liggett Group,
Inc., 858 F.2d 775, 781 (1st Cir. 1988). The district
court asserted authority to ensure that discovery materials
from Long were available " to those who might
have a valid use for them." R. Doc. 77, at 2. The
exhibits at issue, however, were never filed in the district
court or otherwise made part of the record in Long.
The district court lacks authority at this juncture to
require production of these documents for use by third
parties. Cf. Littlejohn v. Bic Corp., 851
F.2d 673, 683 (3d Cir. 1988).
as Robinson Helicopter seeks additional prospective relief
concerning deposition transcripts from Long that
were filed pursuant to an order of the district court in
2014, the petition is denied. Robinson Helicopter complied
with the order, and the district court already disclosed the
transcripts to the respondents. Even assuming Robinson
Helicopter has not waived any objection to the district
court's exercise of authority over the transcripts, there