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Hayes v. Continental Tire Americas, LLC

United States District Court, S.D. Illinois

November 2, 2017

DEANGELO HAYES, Plaintiff,
v.
CONTINENTAL TIRE THE AMERICAS, LLC, Defendant.

          MEMORANDUM AND ORDER

          Reona J. Dalyl, United States Magistrate Judge

         This matter comes before the Court pursuant to the discovery dispute conference held on October 12, 2017. On February 27, 2017, Plaintiff commenced this action, alleging employment discrimination based on race and retaliation under 42 U.S.C. § 1981. (Doc. 1.) On October 12, 2017, the Court held a discovery dispute conference at the request of Defendant. The parties' dispute focuses on Defendants' First Set of Interrogatories and First Requests for Production.

         Under the Federal Rules of Civil Procedure, “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.” Fed.R.Civ.P. 26(1). “Information within this scope of discovery need not be admissible in evidence to be discoverable.” Id. “Rule 26 vests this Court with broad discretion in determining the scope of discovery, which the Court exercises mindful that the standard for discovery under Rule 26(b)(1) is widely recognized as one that is necessarily broad in its scope in order to allow the parties essentially equal access to the operative facts.” Scott v. Edinburg, 101 F.Supp.2d 1017, 1021 (N.D. Ill. 2000). The Seventh Circuit has recognized a trial court's “broad discretion over discovery matters.” Spiegla v. Hull, 371 F.3d 928, 944 (7th Cir. 2004).

         At the discovery dispute conference, the parties' discussed Plaintiff's responses and objections to Defendant's discovery requests. The parties' disputes are resolved as follows:

Interrogatory No. 1: State your full name, as well as all other names you have gone by, your current residence address, other addresses where you have resided or received mail in the last ten (10) years, date of birth, marital status, name of current and/or former spouse(s) (if applicable), names of children (if applicable), driver's license number and issuing state, and Social Security Number.
Resolution: Plaintiff agrees to answer this interrogatory.
Interrogatory No. 2: Identify each company, individual, or entity by which you have been employed or for which you have provided work from your age of majority until the present, including: the dates of employment; your reason for leaving the job; job title(s); your job duties; your rate of pay; your supervisor(s) name(s); the average number of hours you worked per week; dates you claim you were unavailable to work because of injury, illness, school, or any other reason (providing the reason); and the name and address of any unions or locals in which you have been a member, giving dates of each membership. Include, if applicable, periods of self-employment or unemployment.
Resolution: Plaintiff shall answer this interrogatory. Plaintiff must identify dates when he was unavailable to work and the reason for the unavailability to the extent that he can remember.
Interrogatory No. 3: Please list all sources of income you have had since January 2010, whether from employment, self-employment, disability benefits, unemployment benefits, rental property, spousal/child support judgments, Social Security benefits, or otherwise.
Resolution: Plaintiff argues that his receipt of government benefits cannot be used to offset any back pay award, citing Stragapede v. City of Evanston, 125 F.Supp.3d 818, 828 (N.D. Ill. 2015). In Stragepede, the court decided to not allow an employer to offset Social Security payments from a back pay award but acknowledged that the decision was discretionary. No such decision has been made in this case, and such payments remain relevant. Plaintiff shall answer this interrogatory.
Interrogatory No. 4: Identify all employment disputes or claims regarding any terms of conditions of your employment that you have been involved in with a past or present employer (including, but not limited to, any disciplinary actions taken against you by an employer, any suspensions or probationary periods imposed upon you by an employer, any forced resignations or involuntary terminations imposed on you, any internal complaints made by or against you, and any claims or lawsuits filed). For each such dispute or claim, identify the employer, the date, the nature of the dispute, the involved parties, any witnesses to the dispute or claim, and the ultimate resolution of such dispute or claim.
Resolution: The parties agreed to resolve the dispute on their own.
Interrogatory No. 5: State whether you have been a party to arbitration (as either a claimant or respondent), a lawsuit (as either a plaintiff or defendant), bankruptcy proceeding, or any other type of administrative or legal proceeding (as either a claimant/complainant or respondent), providing for each lawsuit or proceeding the date on which the lawsuit or claim was filed, the court or agency in which the lawsuit or proceeding was filed, whether you were a plaintiff, defendant, claimant/complainant, or respondent, the date of the disposition or resolution, the identity of all documents related to the lawsuit or proceeding, and the identity of each person with knowledge of the lawsuit or proceeding.
Resolution: Plaintiff shall answer this interrogatory, except to the extent that it seeks “the identity of all documents related to the lawsuit or proceeding, and the identity of each person with knowledge of the lawsuit or proceeding.” Interrogatory No. 6: Please state whether you have ever been charged with, arrested for, or convicted of a crime (felony or misdemeanor, but excluding non-moving traffic violations). For each such charge, arrest, or conviction, regardless of the disposition, please provide the nature of the offense charged, including the city and state where you were charged, arrested, or convicted, the date of the offense, the names and last known addresses of each and every witness to the events surrounding the offense, whether you were convicted of the offense and, if so, what sentence you received as a result of the conviction. Please also state whether you were incarcerated, placed on probation, or placed on parole. Identify all documents relating to such charge, arrest or conviction.
Resolution: Plaintiff represents that he has no criminal history and withdraws the objections to this interrogatory.
Interrogatory No. 7: State whether you have provided any testimony under oath (in a deposition, trial, hearing, affidavit, or any other proceeding or document) regarding your employment with CTA, the termination of your employment with CTA, this matter or proceeding, the allegations in your Complaint, and/or any wrongful conduct in which you believe CTA engaged. For any testimony connected with a legal or administrative proceeding, identify the lawsuit or proceeding and provide the date on which the lawsuit or claim was filed, the court or agency in which the lawsuit or proceeding was filed, whether you were a plaintiff, defendant, claimant/complainant, responded, or witness, and the name of your attorney.
Resolution: Plaintiff agrees to supplement his answer to this interrogatory with his statements to the EEOC and OSHA.
Interrogatory No. 11: If, in the past seven (7) years, you have seen, spoken to, or in any way consulted a physician, physician's assistant, surgeon, nurse, nurse practitioner, psychologist, psychiatrist, social worker, counselor, mental health practitioner or any other health care provider (whether traditional, non-traditional, or holistic), whether for a free or without charge, to be treated for any mental or physical reason whatsoever, provide with specificity and in detail the dates of treatment, the identity f each person seen, spoken to, or consulted (including his or her last known address), the reasons for said treatment, and the diagnosis, if any, and the name of any medications prescribed and/or taken, if applicable.
Resolution: Plaintiff represents that provided responsive information with regard to one physician. Plaintiff shall supplement his answer to this interrogatory to include all responsive information.
Interrogatory No. 12: Identify every person of whom you are aware who has knowledge or information regarding any of the facts or allegations contained in your Complaint, including your alleged damages, and state the substance of the facts about which you believe each such person has knowledge.
Resolution: Plaintiff withdraws the objection to this interrogatory.
Interrogatory No. 13: Identify each person, other than your attorney(s), with whom you have communicated, to whom you have given a statement (whether written, oral, recorded, or otherwise), and/or from whom you have obtained a statement (whether written, oral, recorded, or otherwise) regarding this matter or proceeding, the allegations in your Complaint, and/or any wrongful conduct in which you believe CTA engaged, including but not limited to communications with any current or former employee of CTA and/or local, state, or federal government agencies or officials. For each such person or entity, describe in detail the time and date of the communication/statement, all parties to the communication/statement, the subject matter of the communication/statement, any witnesses to the communication/statement, the nature of the communication/statement (i.e., letter, in person, electronic, telephone call, etc.), and all documents related to the communication/statement.
Resolution: Plaintiff shall supplement his answer to this interrogatory to identify any statements he has given to OSHA.
Interrogatory No. 14: Identify each e-mail address you have used, whether yours or someone else's, for any period of time between August 2011 and the present, specifically identifying the e-mail address, the time period when you used the e-mail address, whether you used the email address for personal or business use and each computer on which you sent or received email to that email address.
Resolution: Plaintiff represents that he has provided all responsive information.
Interrogatory No. 15: Do you maintain, or have you maintained in the past five (5) years, a “profile, ” “username, ” or otherwise utilize any social networking sites, such as Facebook, MySpace, LinkedIn, Twitter, etc. or any other Internet Forum? If so, please list each social networking internet forum you have visited and provide any user name or pseudonym you use. Also, provide the hyperlink (http://www.) for each profile and attach a “screen-grab” print-out of each profile to this response. Please note that any attempts to alter, change or delete this profile will be considered ...

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