Rodriquez v. Calace et al

Filing 75

FOLLOW-UP RULING AND ORDER on Defendants' Motion to Compel 65. Plaintiff will provide these documents no later than November 7, 2011. A telephone status conference will be held on November 16, 2011 at 11:00AM. The parties are directed to contact the Court if there is any delay in complying with these deadines. Signed by Judge Holly B. Fitzsimmons on 10/26/11. (Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
:
:
:
:
v.
:
:
NICHOLAS CALACE,
:
BERNAVIN ARMSTRONG and
:
BRIDGEPORT HOUSING AUTHORITY, :
:
:
:
:
LORI RODRIGUEZ

CIV. NO. 3:07CV200 (WWE)

FOLLOW-UP RULING ON DEFENDANTS’ MOTION TO COMPEL
Lori Rodriguez brings this employment discrimination law
suit against her employer, the Bridgeport Housing Authority
(“BHA”); its Executive Director, Nicholas Calace, and her direct
supervisor, Bernavin Armstrong. On October 7, 2011, the Court
granted defendants’ Motion to Compel and ordered plaintiff to
provide supplemental documents in response to defendants’ First
Set of Interrogatories and Requests for Production dated May 20,
2009. [Doc. #65].

Specifically, plaintiff was ordered to provide

defendants with supplemental production in response to
Interrogatory No. 39 and Request for Production No. 2, which
state:
Interrogatory No. 39: Identify each and every
doctor, hospital, psychologist, and/or
psychiatrist from whom you sought or received
treatment for emotional distress, physical
upset, mental anguish, humiliation,
embarrassment and/or loss of enjoyment of
life, from 1998 through the present. For each
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provider, please include whether a report was
prepared and the date(s) treatment was sought
or received.
Request for Production No.2: Produce complete
copies of any reports, notes, bills,
communications, labs or other tangible
material concerning any consultation or
treatment with any health care provider for
injuries identified in response to any
interrogatory.
On October 24, 2011, a telephone status conference was held.
Defendants reported that plaintiff’s production is incomplete.
After consideration, it is hereby ordered that plaintiff will
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Provide all the medical records to defendants,
including medical records from the 2007 workers comp
proceedings. All the documents will be Bates Stamped
using consecutive numbering.

Plaintiff will provide

defendants with these medical records no later than
November 7, 2011 or plaintiff may be precluded from
relying on these records at trial without showing good
cause for delay.
2.

Specifically, plaintiff will provide medical records
from Dr. Kahalid, Dr. Mahajan, Dr. Graham, Bridgeport
Hospital, Astoria Park VNA of Stratford,

VNA of

Bridgeport and the 2007 workers comp proceedings.
the documents have already been provided, plaintiff

If

will list them by Bates numbers. If there are no
responsive documents, after a good faith effort to
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locate them, plaintiff will so state under oath.
3.

The Court denied defendants’ earlier request for Rule
37 sanctions without prejudice. Plaintiff is on notice
that defendants may move to preclude any testimony
and/or treating records that were not produced during
discovery and may seek further sanctions, including
dismissal of this case. Plaintiff’s counsel will
provide his client with a copy of this ruling and
advise her that sanctions may be entered if this order
is not complied with in a timely manner. Plaintiff is
further advised that this case cannot go to trial until
fact discovery is closed and depositions are completed.
Defendants are unable to schedule depositions until
plaintiff has provided copies of all of her medical
records.

4.

The parties are reminded of their on-going duty to
supplement or correct disclosures or responses under
Fed. R. Civ. P. 26(e).1

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Fed. R. Civ. P 25(e) Supplementing Disclosures and
Responses.
(1) In General. A party who has made a disclosure under Rule
26(a)--or who has responded to an interrogatory, request for
production, or request for admission--must supplement or correct
its disclosure or response:
(A) in a timely manner if the party learns that in some material
respect the disclosure or response is incomplete or incorrect,
and if the additional or corrective information has not otherwise
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5.

Plaintiff will provide these documents no later than
November 7, 2011.

The parties are directed to contact

the Court if there is any delay in complying with these
deadlines.
6.

A telephone status conference will be held on November
16, 2011 at 11:00AM.

This is not a recommended ruling.

This is a discovery

ruling and order which is reviewable pursuant to the "clearly
erroneous" statutory standard of review.

28 U.S.C. § 636

(b)(1)(A); Fed. R. Civ. P. 6(a), 6(e) and 72(a); and Rule 2 of
the Local Rules for United States Magistrate Judges.

As such, it

is an order of the Court unless reversed or modified by the
district judge upon motion timely made.

SO ORDERED at Bridgeport this 26th day of October 2011.

_____/s/______________________
HOLLY B. FITZSIMMONS
UNITED STATES MAGISTRATE JUDGE

been made known to the other parties during the discovery process
or in writing;
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