ANDREW P. RODOVICH, Magistrate Judge.
This matter is before the court on the First Amended Motion to Compel [DE 38]; the Amended First Rule to Show Cause [DE 39]; and the Second Motion to Compel [DE 40] all filed by the plaintiff, Frank L. Gray, on November 3, 2011. For the following reasons, the First Amended Motion to Compel [DE 38] is
The plaintiff, Frank Gray, is a retiree from United States Steel. While working in the machine shop at U.S. Steel, Gray and other employees filed grievances concerning the assignments to the machines in the shop and the incentive wages paid to those operating the machines. The company and union resolved the grievances in August 2007 when U.S. Steel agreed to back pay. As part of the settlement, Gray was to receive approximately $30,000. The parties revised the settlement in October 2007, which would have reduced Gray's back pay. The International Union challenged the revised settlement, and a new settlement was entered in August 2011. The August 2011 settlement re-instituted the $30,000 award. U.S. Steel's counsel anticipated that Gray would receive the payment in October 2011, and then it could provide the settlement and evidence of the payment to opposing counsel during the month of October.
On November 13, 2008, after the union and U.S. Steel revised the settlement reducing Gray's award, Gray filed a charge of discrimination with the EEOC. In his charge, Gray alleged that U.S. Steel would not allow him to operate the 319 bar machine at the incumbent rate of pay and that it assigned this position to a white individual with less seniority who was not disabled. Gray received a notice of dismissal and right to sue letter, and he filed his complaint on October 5, 2009.
Gray served Local 1014 with his first set of interrogatories and request for production on November 8, 2010. After several extensions of time, at the March 18, 2011 status conference, Gray requested that the court set March 31, 2011, as the deadline for responding to the outstanding discovery. The court set this deadline and directed that initial disclosures were due by May 13, 2011. Gray subsequently agreed to an additional extension of time to respond to the outstanding discovery, and Local 1014 served its responses on April 12, 2011. Gray gave Local 1014 his initial disclosures on May 13, 2011, but did not receive any from Local 1014. On June 22, 2011, Gray's counsel called counsel for Local 1014 to discuss the insufficiencies of its discovery responses and tardiness producing its initial disclosures. When Gray's counsel did not receive a response, he sent a letter to Local 1014. In response to the letter, Local 1014's counsel advised that the requests for additional information were reasonable and that he would supplement the responses by September 30, 2011. The deadline was extended by agreement of the parties to October 7, 2011, but Local 1014 failed to comply with this deadline. Gray's counsel contacted Local 1014, giving it until October 21 to respond. Local 1014 requested an additional three days, but as of November 1, 2011, Local 1014 had not supplemented its discovery responses or provided Gray with its initial disclosures. Gray filed the present motions to compel production of the initial disclosures and supplemental interrogatory responses on November 3, 2011, and a separate motion for sanctions.
A party may "obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things." Federal Rule of Civil Procedure 26(b)(1). For discovery purposes, relevancy is construed broadly to encompass "any matter that bears on, or that reasonably could lead to other matter[s] that could bear on, any issue that is or may be in the case."
A party may seek an order to compel discovery when an opposing party fails to respond to discovery requests or has provided evasive or incomplete responses. Federal Rule of Civil Procedure 37(a)(2)-(3). The burden "rests upon the objecting party to show why a particular discovery request is improper."
Under Federal Rule of Civil Procedure 16(b), the court is required to issue a scheduling order setting forth the deadlines for the parties to complete discovery and file motions. "A schedule may be modified only for good cause and with the judge's consent." Rule 16(b)(4). Good cause is shown when, despite a party's diligence, the timetable could not reasonably have been met. See
The authority to sanction a non-compliant party also arises from the court's inherent power to manage its cases and achieve orderly disposition. See
Here, Local 1014 defied the court order to produce initial disclosures, and although it recognized its discovery responses required supplementation, it has not provided the additional information. In its response brief, Local 1014 agreed to provide Gray with its initial disclosures by November 18, 2011. Gray submitted a tardy reply brief on December 9, 2011, explaining that Local 1014 had not provided the initial disclosures despite its representation to the court that it would do so by November 18, 2011. The court, for the second time,
With regard to the insufficiencies of Local 1014 discovery responses, Local 1014 has explained that it postponed additional investigation because it believed that the revised settlement might moot many of the claims raised in this matter. Local 1014 was waiting to receive a copy of the settlement reached between the international union and U.S. Steel and proof of payment before it proceeded with the burden and expense of further discovery. Local 1014 now offers to conduct an additional investigation and submit complete responses "well in advance of oral depositions".
The court acknowledges that the settlement agreement may affect the issues presented in this matter and waiting to produce additional discovery may have been more efficient. However, this does not excuse the behavior of Local 1014's counsel. Local 1014 acknowledged that its discovery responses were insufficient and required supplementation and agreed to numerous deadlines, which it ignored without correspondence to Gray's counsel and without seeking an extension of time. Now Local 1014 proposes that it will provide the requested discovery "well in advance of oral depositions", but does not give a date. In light of Local 1014's history of failing to comply with its self-imposed deadlines and to notify Gray of its intent, the court finds this remedy inappropriate. Local 1014 is
This is not to say that Local 1014's past behavior should not be reprimanded. Local 1014 failed to comply with both the court ordered deadline to provide initial disclosures and the discovery deadlines agreed to by the parties. Local 1014 consistently agreed to deadlines and proceeded to ignore them without corresponding with Gray's counsel or seeking an extension of time. Gray warned Local 1014 of his intent to file a motion to compel if Local 1014 further refused to comply with the agreed deadline, however, Local 1014 ignored these warnings as it did the deadlines. Local 1014 has not provided any justification for its failure to cooperate with Gray or to seek an extension of the deadlines with Gray or the court. Local 1014 had multiple opportunities to provide the discovery, but in response to every chance Gray offered, Local 1014 ignored the deadline until Gray contacted Local 1014 and agreed to another extension. Local 1014 was not proactive and did not reach out to Gray to explain its reasons for delay and to seek an extension of time. Although it is sometimes easier to ask for forgiveness than permission, this philosophy is ill advised when dealing with court deadlines. Local 1014's decision to ignore the deadlines without explanation time and time again, prompting Gray to file the present motions to compel, is deserving of sanctions. Local 1014 is
Based on the foregoing, the First Amended Motion to Compel [DE 38] is