Brooks v. Teach for America, Inc. et al

Filing 45

MEMORANDUM ORDER. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 2/13/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDREW BROOKS,

:
:
Plaintiff,
:
:
v.
:
:
TEACH FOR AMERICA, INC. and
:
DELAWARE COLLEGE PREPARATORY :
ACADEMY, INC.,
:
:
Defendants.
:

C. A. No. 15-676-GMS

MEMORANDUM ORDER
This matter was referred for mediation by The Honorable Gregory M. Sleet after
suspension of the scheduling orders entered in this matter, in the apparent attempt to
see if this case could be resolved early and without incurring expenses related to
litigation.
In this regard, defendant requested work related information after the termination
of plaintiff’s employment with it. This request was granted and plaintiff was required to
produce certain limited information by January 6, 2017: his pay stubs, W2s, inclusive
dates of employment and the identity of his employers since the termination of his
employment that resulted in this action. Although plaintiff produced what information he
had in this regard, he apparently believes such information is confidential, despite the
fact that in this employment discrimination matter he demands past and future lost
income. In light of the claims that plaintiff has raised, such information is not
confidential since he has placed his past and future lost income at issue and is seeking

recovery in this regard. Defendant offered, for the purpose of mediation only to accept
the ordered information from plaintiff for attorneys’ eyes only.1 The court finds
defendant’s proposal as contained in its letter of January 18, 2017 to be acceptable.
Plaintiff requested through a letter dated January 4, 2017, that he be provided
certain information which is well beyond anything requested by defendant or needed for
mediation. Most information requested by plaintiff is of the type that is sought when the
matter is being fully litigated. In addition, the requests are broad. Here, the scheduling
orders have been vacated and the matter stayed except for the purpose of mediation.
Regarding the items requested by plaintiff, the court orders production of the
Declaration (or Dec) sheet of defendant’s applicable insurance policy or policies to this
matter, and to further advise by letter whether any insurance coverage is being provided
under a reservation of rights letter, and/or is presently limited to providing defense
related costs and expenses. This information shall be provided on or before February
21, 2017. Granting this request does not mean that valuation of plaintiff’s damages is in
any way reflected by the amount of insurance coverage that may be available in relation
to his claim.
Plaintiff’s other requests for mediation are denied. However, this order is not
intended to address the appropriateness of his remaining requests which is reserved
should mediation be unsuccessful and the litigation stay lifted, thereby allowing further
discovery.
Dated: 2/13/17

1

See defendant’s letter of January 18, 2017.

/s/ Mary Pat Thynge
Chief Magistrate Judge