United States District Court, W.D. Washington
ORDER DENYING PLAINTIFF'S MOTION TO
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiffs Motion to Compel.
Dkt. #71. Plaintiff seeks an Order compelling Defendant to
produce complete responses to several Interrogatories and
Requests for Production, confirming that Defendant has waived
any objections to his 30(b)(6) deposition notice, and
compelling Defendant to designate 30(b)(6) witnesses on
several topics. Id. Defendant opposes the motion.
Dkt. #82. For the reasons set forth below, the Court DENIES
22, 2016, Plaintiff filed the instant employment matter,
alleging that he suffered discrimination and retaliation by
Defendant because of his race/national origin (Middle
Eastern-Iranian), color, accent and ethnicity. Dkt. #1.
Plaintiff alleges that he was an exemplary employee who
worked for Defendant for over 29 years. Id. at
¶ 2. Plaintiff further alleges that toward the end of
2014, he was assigned a new manager from South Carolina, who
almost immediately began discriminating and then retaliating
against him, including but not limited to discriminating in
the terms and conditions of his employment, unlawfully
denying a pay raise, cash award, and promotion, and
intentionally discriminating and retaliating against him with
regard to his performance and competency evaluations, which
directly led to and caused him to be laid off and then
terminated from his employment as part of a Reduction In
Force ("RTF"). Id. Plaintiff seeks
monetary and injunctive relief, including pecuniary and
nonpecuniary damages, compensatory damages, and punitive
damages. Id. at¶ 3. Defendant has denied
Plaintiffs allegations. Dkt. #4.
the filing of the Complaint and Answer, this matter has
proceeded through the normal course of litigation. Trial is
currently scheduled for January 22, 2018, the discovery
deadline was September 25, 2017, and dispositive motions are
currently due by October 24, 2017. Dkt. #12.The instant
discovery motion is ripe for review.
Federal Rule of Civil Procedure 26(b)(1):
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, considering the
importance of the issues at stake in the action, the amount
in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of
the discovery in resolving the issues, and whether the burden
or expense of the proposed discovery outweighs its likely
benefit. Information within this scope of discovery need not
be admissible in evidence to be discoverable.
requested discovery is not answered, the requesting party may
move for an order compelling such discovery. Fed.R.Civ.P.
37(a)(1). "The party who resists discovery has the
burden to show that discovery should not be allowed, and has
the burden of clarifying, explaining, and supporting its
objections." Cable & Computer Tech., Inc. v.
Lockheed Sanders, Inc., 175 F.R.D. 646, 650 (CD. Cal.
motion, Plaintiff asks the Court to compel responses from
Defendant to several Interrogatories and Requests for
Production. Dkt. #71. Plaintiff has made it difficult for the
Court to discern which specific requests he asserts are
deficient, as he has not organized his brief by specific
discovery request, but rather by a description of the types
of information and documents he has been seeking. Thus, to
the best of the Court's capabilities, it addresses
Plaintiffs motion as follows.
Interrogatory No. 5 and Requests for Production F and
first appears to seek further responses to his Interrogatory
No. 5 and Requests for Production F and I. Dkt. #71 at 8.
Plaintiffs Interrogatory No. 5, the corresponding Request for
Production I, and Defendant's responses state:
INTERROGATORY NO. 5: If you contend
that Plaintiff was properly classified as a System and Data
Analyst 4 (BAMA) instead of a Programmer Analyst 4 (BAMB),
describe in detail the facts, circumstances and reasoning for
that contention. Include in your response an explanation of
Plaintiff s job duties and responsibilities and the projects