Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Applewhite v. FCA U.S. LLC

United States District Court, E.D. Michigan, Southern Division

December 12, 2017

DAMON APPLEWHITE, Plaintiff,
v.
FCA U.S. LLC, Defendant.

          Linda V. Parker District Judge

          ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL AND REQUEST FOR EXTENSION OF SCHEDULING ORDER (DE 16).

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court for consideration of Plaintiff's motion to compel and request for extension of scheduling order (DE 16), Defendant's response in opposition (DE 20), Plaintiff's reply (DE 21), and the parties' Joint List of Unresolved Issues (DE 24). Judge Parker referred this motion for hearing and determination on November 28, 2017. (DE 22.)

         Plaintiff's motion came before the Court for a hearing on December 12, 2017, at which attorneys Darcie R. Brault and Deborah Brouwer appeared. After a brief conference with me in chambers, and then engaging in a further meet and confer conference in the courtroom at the Court's direction, counsel for the parties informed the Court that they had resolved several of the matters that had been the subject of Plaintiff's motion. Counsel for the parties placed a stipulation as to these resolved matters on the record.

         A. Motion to Compel

         Plaintiff's motion to compel as to Interrogatory Nos. 4 (sic), 5, 8 and 11 and Request for Production Nos. 2, 4, 6 and 7 has been resolved.

         Further, Defendant has agreed to respond and/or produce documents in response to the following discovery requests: Interrogatory Nos. 1, 2 (as to #2, limited to the position of “floater” in the Inspection Department), 3, 4, 6, 7 and 9, and Request for Production Nos. 1, 3, 5, 8, 11, 12 and 14 (with respect to #14, to state that no responsive documents exist). All responses and responsive documents must be served by January 15, 2018.

         The parties agreed that only Interrogatory No. 9 and Request for Production Nos. 10 and 13 remain in dispute. As to these remaining issues, consistent with my findings and reasoning stated on the record, which are hereby incorporated by reference, Plaintiff's motion to compel (DE 16), as narrowed by the December 8, 2017 joint list of unresolved issues (DE 24) and the aforementioned stipulation, is GRANTED IN PART and DENIED IN PART as follows:

1. Interrogatory No. 10 and Request for Production No. 9 regarding other complaints: Defendant FCA U.S. LLC shall, by January 15, 2018, serve responses to these discovery requests, with the responses limited to:
(a) written complaints (defined as formal complaints to the FCA U.S. Corporate Diversity Department or its predecessors), union grievances, complaints to the Equal Employment Opportunity Commission (EEOC) or Michigan Department of Civil Rights (MDCR), and lawsuits;
(b) regarding: (1) claims of disability discrimination or a failure to accommodate a disability made by employees in the Inspection Department, and any (2) claims of race discrimination involving Terry Wyka; and
(c) for the February 1, 2013 through April 11, 2017 time period.
2. Request for Production No. 13 regarding communications about Plaintiff: Defendant FCA U.S. LLC shall, by January 15, 2018, respond to this request and produce:
(a) all electronic communications in Defendant's possession regarding Plaintiff between Plaintiff's managers, supervisors, human resources personnel, and/or union officials. from ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.