Discovery Questions and Problems

     Back to the pig. On a dark and stormy night the prize pig disappears from their home pigpen at Farmer Yellow's and seems to appear the next day in the pigpen of Farmer Gelb. Yellow immediately sends a certified letter to Gelb, which is received, notifying him that litigation will be filed and warning him to preserve any relevant evidence.

     Despite that, Farmer Gelb after receiving this notification but before the suit is filed destroys the security camera footage that would show any activity - including the arrival of a wayward pig - at his premises on the evening in question.

     Shortly thereafter Farmer Yellow files suit. Pursuant to Rule 26 Farmer Yellow provides all records he has with regard to the pig including breeding records, a DNA sample analysis, and security cam footage from his own premises on the night in question. Farmer Gelb produces a letter from Yellow in which Yellow says that "for an appropriate price, at $1,000,000, I might indeed be persuaded to sell the pig." Yellow also produces a list of witnesses he might call but Gelb does not. Yellow discloses his insurance coverage but Gelb does not.

      Yellow then files document requests in which he asks for "any documents relating to the pig in question" and any documents relating to "plans or schemes to obtain ownership of any pig." Gelb produces photographs he had taken of the pig as well as his letter back to Yellow stating that $1,000,000 was far too high a price. Gelb does not produce a letter he sent to his attorney asking what penalties civil and criminal might follow from the kidnapping of a pig, nor does he reveal the existence of such a letter to his attorney in a privilege log,

     Yellow also serves interrogatories on Gelb. Gelb returns unsigned interrogatory answers in which he objects to each interrogatory as being "persnickety and annoying" and refuses to provide information in response.

     Yellow seeks a chance for his expert to examine the pig and to take a DNA sample. When the day comes for the examination Gelb refuses to make the pig available. Gelb also fails to show up for a properly scheduled deposition.

     Yellow files a request for admission in which, in separate requests, he asks Gelb to admit that he cannot produce any evidence that he has legal title to the pig in question, that he is currently in possession of the pig in question, and that he came into possession of the pig in question by breaking into Yellow's pigpen and carrying the pig away. Gelb does not respond in any way to the Requests for Admission.

      Gelb serves a notice of deposition on Yellow. Yellow appears. At the deposition, Gelb's attorney asks Yellow when he stopped beating his wife. Yellow's attorney instructs Yellow not to answer. Gelb's attorney also asks Yellow to discuss a conversation he had had with a veterinarian who told him that his pigpen was contaminated with heavy metals and unsafe for pigs to live in. Yellow's attorney instructs him not to answer this question on the grounds it calls for inadmissible hearsay.

     Please analyze.