United States District Court, E.D. Michigan, Southern Division
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.
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.)
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.
Motion to Compel
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.
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.
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
(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 ...