United States District Court, W.D. North Carolina, Statesville Division
C. KEESLER UNITED STATES MAGISTRATE JUDGE
MATTER IS BEFORE THE COURT on “Plaintiff
EEOC's Second Motion To Compel Discovery Responses”
(Document No. 39). This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b), and is ripe for disposition. Having carefully
considered the motion, the record, and applicable authority,
the undersigned will grant the motion.
United States Equal Employment Opportunity Commission
(“Plaintiff” or “EEOC”) initiated
this action with the filing of a “Complaint”
(Document No. 1) on September 26, 2018. The Complaint
contends that Spencer Gifts, LLC (“Defendant” or
“Spencer Gifts”) failed to provide reasonable
accommodations for Cindy Sykes (“Sykes”) and
terminated her because of her disability, in violation of the
Americans with Disabilities Act of 1990, as amended
(“ADA”). (Document No. 1, p. 1). Following
multiple extensions of time and a stay due to a Government
shutdown, “Defendant's Answer And Affirmative
Defenses” (Document No. 14) was filed on February 25,
“Pretrial Order And Case Management Plan”
(Document No. 16) issued on March 22, 2019. The
“…Case Management Plan” includes the
following deadlines: discovery completion - December 20,
2019; Mediation - September 9, 2019; dispositive motions -
January 17, 2020; and trial May 4, 2020. (Document No. 16).
This case was again stayed while the parties pursued
settlement between June 6, 2019 and August 8, 2019. (Document
Nos. 21 and 23). On August 20, 2019, the case deadlines were
revised as follows: Rule 26 disclosures - September 6, 2019;
discovery completion - February 20, 2020; dispositive motions
- March 20, 2020; and trial September 21, 2020. (Document No.
“Motion To Compel Discovery Responses And Entry Upon
Land And For Costs” (Document No. 28) was filed on
September 3, 2019. The undersigned issued an
“Order” (Document No. 32) granting the first
motion to compel on September 27, 2019. The undersigned
further directed that:
Defendant must reimburse Plaintiff for the reasonable
expenses and attorney's fees associated with preparing
and filing the motion to compel and supporting documents
(Document Nos. 28 and 29); the reply brief in support of the
instant motion (Document No. 31); and Plaintiff's costs
associated with the site visit on August 21, 2019.
See Fed.R.Civ.P. 37(a)(5)(A)(i)-(iii).
Defendant is respectfully advised that additional failures to
participate in discovery, or to abide by the Orders and Local
Rules of this Court and/or the Federal Rules of Civil
Procedure, will likely lead to further sanctions against
Defendant and/or Defendant's counsel.
See Fed.R.Civ.P. 37(b)(2)(A)(i)-(vi) and (d);
see also (Document No. 16, p. 11).
(Document No. 32, p. 6).
Plaintiff had to file a “Motion For Costs”
(Document No. 33) and a “Renewed Motion For Previously
Ordered Attorney's Fees And Costs” (Document 36)
before Defendant agreed to pay the Court-ordered fees and
costs on November 13, 2019. See (Document No. 41).
pending is “Plaintiff EEOC's Second Motion To
Compel Discovery Responses” (Document No. 39) filed on
November 13, 2019. The pending motion is now ripe for review
and disposition. See (Document Nos. 40, 42, and 43).
of the Federal Rules of Civil Procedure provides that:
Parties may obtain discovery regarding any nonprivileged
matter that is relevant to any party's claim or defense
and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount
in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of
the discovery in resolving the issues, and whether the burden
or expense of the proposed discovery outweighs its ...