United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
the Court is Plaintiff's Motion to Compel Depositions of
Vanjia Thomas, James Willis, Brian Burt and Todd Dunn (R.
Doc. 33). The motion is opposed. (R. Doc. 39; see R.
before the Court is Defendant's Motion to Terminate
Depositions Pursuant to FRCP 30(d)(3) (R. Doc. 37) and
Defendant's Motion to Compel (R. Doc. 35). The motions
are opposed. (R. Doc. 42; R. Doc. 44).
Court held oral argument on the foregoing motions on October
16, 2018. (R. Doc. 45).
17, 2017, Johnathan Brown (“Plaintiff”) commenced
this race discrimination action, naming his employer Praxair,
Inc. (“Praxair”) and his co-workers James Willis,
Brian Burt, Todd Dunn, and Vanjia Thomas as defendants. (R.
Doc. 1, “Compl.”). Plaintiff asserts that he was
wrongfully terminated from his employment as a Maintenance
Superintendent with Praxair on July 13, 2016. (Compl. ¶
4). Among other things, Plaintiff alleges that in April of
2016, he participated in a performance improvement plan
(“PIP”) meeting in which he was offered a
severance package in lieu of participating in a PIP. (Compl.
¶ 10). Plaintiff further alleges that he declined the
severance package, attended additional PIP meetings, and,
when he ultimately provided two weeks' notice, his
employment was immediately terminated. (Compl. ¶¶
10-14). Plaintiff seeks relief under federal and state law.
(Compl. ¶¶ 15-18).
September 25, 2017, the Court issued a Scheduling Order
setting, among other things, the deadline to complete
non-expert discovery on August 1, 2018, the deadline to
complete expert discovery on December 31, 2018, the deadline
to file dispositive motions on March 1, 2019, and for trial
to commence on September 9, 2019. (R. Doc. 11).
4, 2018, Plaintiff responded to interrogatories and requests
for production served by Praxair. (R. Doc. 35-3). The
discovery requests and responses at issue in Praxair's
motion to compel are Interrogatory No. 4, and Requests for
Production Nos. 13, 15, 19, 34, 36:
INTERROGATORY NO. 4:
Identify all persons from whom you have received statements,
either orally, recorded or in writing, sworn or unsworn,
regarding any of the allegations made by you in your
The Plaintiff objects to this interrogatory as discovery is
ongoing and as such this interrogatory is premature. Without
waiving said objection, the Plaintiff is in the process of
verifying any and all recordings that may have been acquired
in connection with this transaction forming the basis of this
litigation. Further answering, the Plaintiff has interacted
with and had several meetings and discussions with all
persons that were identified in the Complaint and therefore
those names are to be incorporated herein by reference.
REQUEST FOR PRODUCTION NO. 13:
Documents written or prepared by Plaintiff or at
Plaintiff's direction during his employment with Praxair
reflecting Plaintiff's daily activities, factual
observations pertaining to his employment, communications
with Praxair or its agents, Plaintiff's physical
condition, Plaintiff's mental condition, and/or any
emotional distress Plaintiff may have experienced, from
January 1, 2014 to the time of trial. This request includes,
but is not limited to, Plaintiff's personal calendars,
e-mail transmissions, appointment books, notes, notebooks,
journals or diaries, whether in hard copy or electronic
format, originals or copies.
The Plaintiff objects that these items may constitute work
product and once reviewed with counsel a work product and/or
privilege log will be provided and thereafter the court may
assist in the disclosure of said items. Further responding,
most of ...