Elawyers Elawyers
Washington| Change

Redwind v. Western Union, LLC, 3:18-cv-02094-SB. (2019)

Court: District Court, D. Oregon Number: infdco20200102677
Filed: Dec. 16, 2019
Latest Update: Dec. 16, 2019
Summary: OPINION AND ORDER STACIE F. BECKERMAN , Magistrate Judge . Plaintiff Sage Redwind ("Redwind"), appearing as a self-represented litigant, filed this action against her former employer, Western Union, LLC ("Western Union"), alleging claims for discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Redwind filed an amended complaint on July 23, 2019, and Western Union filed its answer on August 5, 2019. Pending before the Court is Redwind's Motion to Compel I
More

OPINION AND ORDER

Plaintiff Sage Redwind ("Redwind"), appearing as a self-represented litigant, filed this action against her former employer, Western Union, LLC ("Western Union"), alleging claims for discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Redwind filed an amended complaint on July 23, 2019, and Western Union filed its answer on August 5, 2019. Pending before the Court is Redwind's Motion to Compel Initial Disclosure (ECF No. 79).

Redwind filed her motion to compel on September 29, 2019, and the Court held a hearing on the motion (along with other pending motions) on November 12, 2019. At the hearing, Western Union notified the Court that it had recently produced approximately 3,000 pages of records to Redwind. The Court asked Redwind to confer with Western Union after reviewing the document production, and to report to the Court if any disputes remain. By email dated December 1, 2019, Redwind provided a detailed account of records allegedly still missing from Western Union's initial disclosures.

Local Rule 26-7 establishes an initial discovery protocol for employment cases alleging adverse action. Under Local Rule 26-7, a defendant must provide initial discovery within 30 days after the defendant files a responsive pleading or motion. The initial discovery must include, among other things, "[a]ll communications concerning the factual allegations or claims at issue in this lawsuit among or between: (i) Plaintiff and defendant; (ii) Plaintiff's manager(s), supervisor(s), and defendant's human resources representative(s)" and "[a]ny other document(s) on which defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action." LR 26-7(c)(2). Strictly construed, Local Rule 26-7 requires a defendant to produce nearly every document relevant to an employment case within 30 days of answering the complaint.

While it may be possible for a defendant to comply with Local Rule 26-7 with respect to written discovery, it is difficult to comply with respect to Electronically Stored Information ("ESI") without the cooperation of the plaintiff. Here, Western Union has attempted to confer with Redwind to agree upon a list of custodians and search terms to allow Western Union to search for relevant ESI to comply with its obligation to provide initial discovery. Redwind has repeatedly refused to confer with Western Union, insisting she has no obligation to confer about discovery planning prior to a Rule 26(f) discovery planning conference.

While the goals behind Local Rule 26-7 are important, the Court must also apply its local rules consistent with Federal Rule of Civil Procedure 1, which requires that the Federal Rules of Civil Procedure shall be "construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. Based on the materials Western Union has submitted to the Court regarding the documents it has produced to date, the Court finds that Western Union has made a good faith effort to comply with Local Rule 26-7. Accordingly, consistent with Federal Rule of Civil Procedure 1 and in light of Redwind's refusal to cooperate in discovery planning, the Court:

(i) Suspends any further obligation of Western Union to produce records or provide information under Local Rule 26-7;

(ii) Orders the parties to participate in a Rule 26(f) discovery planning conference (by telephone or email) on or before December 23, 2019; and

(iii) Orders the parties thereafter to conduct discovery in the normal course consistent with the Federal Rules of Civil Procedure.

CONCLUSION

For the reasons stated, the Court DENIES Redwind's Motion to Compel Initial Disclosure (ECF No. 79).

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer