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Ahad v. Board of Trustees of Southern Illinois University

United States District Court, C.D. Illinois, Springfield Division

January 24, 2018

SAJIDA AHAD, MD, on behalf of herself and all others similarly situated, Plaintiff,
v.
BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY and SIU PHYSICIANS & SURGEONS, INC., Defendants.

          OPINION

          SUE E. MYERSCOUGH, U.S. DISTRICT JUDGE.

         The cause before the Court is Plaintiff's Motion to Bar Defendants' Reliance on Undisclosed Information and Their Expert Report Based Thereon in Opposing Class Certification (d/e 48), pursuant to Federal Rule of Civil Procedure 37(c). Defendants oppose the Motion and request that the Court order Plaintiff to pay Defendants' attorney's fees and expenses incurred in responding to the Motion. See Defs. Resp. (d/e 52).

         For the reasons stated herein, Plaintiff's Motion is DENIED. Defendants' request for fees and expenses is also DENIED.

         I. BACKGROUND

         Plaintiff Sajida Ahad, M.D. alleges gender-based pay discrimination on her behalf and a class of female physicians employed by Defendants. Plaintiff alleges that Defendants paid Plaintiff and other female physicians substantially lower compensation than male physicians for the same or similar work. See Am. Compl., (d/e 31). Defendants deny these allegations. See Answer to Am. Compl. (d/e 39). Magistrate Judge Schanzle-Haskins bifurcated discovery in this case between matters relating to the merits and matters relating to class certification. See Order Regarding Scheduling (d/e 25). Under the scheduling order, the parties were to complete class certification fact discovery by September 12, 2016. Id.

         The parties exchanged Rule 26 initial disclosures in April 2016. See Defs. Resp., Ex. A (d/e 52-1). Plaintiff served her initial interrogatories and requests for production on Defendants in July 2016. See Defs. Resp., Exs. B and C (d/e 52-2, 52-3). The Defendants responded to those requests on August 3, 2016. Id. Particularly relevant to this motion is Plaintiff's Document Request 18 and Defendants' response. Plaintiff's Document Request 18, reads:

Provide a computer-readable database (or databases) listing all physician faculty members who were affiliated with [Defendants] or who sought employment, promotion, or higher compensation from Defendants at any time from January 1, 2006 until the present date. Please include all of the following information for each such person:
a. Full name;
b. Social security number or other unique identifier;
c. Gender;
d. Current or most recent office location, business address and telephone number at Defendants;
e. Current or last known home address, telephone number and e-mail address;
f. Tenure;
g. Name of each position held as an employee of Defendants;
h. Current or most recent position, title or office with Defendants;
i. Years of education and experience;
j. Start and end dates for each such position;
k. Termination dates; l. Reasons for termination;
m. Performance evaluation ratings; and
n. Compensation information, ...

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