DICKERSON et al v. DISTRICT OF COLUMBIA et al

Filing 107

MEMORANDUM OPINION AND ORDER granting in part and holding in abeyance in part 99 defendant's motion to compel discovery; defendant shall file a brief on or before November 11, 2019 re plaintiff's compensatory damages calculation; and plaintiff's response thereto shall be filed on or before November 18, 2019. Signed by Judge Paul L. Friedman on November 6, 2019. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________

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KENNETH DICKERSON, et al.,
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Plaintiffs,
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v.
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DISTRICT OF COLUMBIA,
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Defendant.
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____________________________________)

Civil Action No. 09-2213 (PLF)

MEMORANDUM OPINION AND ORDER
The parties appeared for a status conference on November 4, 2019 during which
they discussed the District’s Motion to Compel Discovery [Dkt. No. 99] and the update to this
motion provided in the Joint Status Report [Dkt. No. 106]. The four outstanding issues identified
in the Joint Status Report were narrowed even further during the status conference, and their
status is as follows:
1. Privilege log
This issue was resolved during the status conference. Mr. Dickerson’s counsel
stipulated that no documents have been withheld as privileged. The District agreed this
stipulation on the record satisfied its request for a privilege log.
2. Verified interrogatory responses
This issue was resolved during the status conference. Mr. Dickerson’s counsel
said he sent verifications for his interrogatory responses to the District. The District agreed that
it had received these verifications and that they satisfied the District’s request for verification.

3. Improper objections to interrogatories
First, the District argues that Mr. Dickerson’s objections to seven interrogatories
on the grounds that he has “not yet identified trial witnesses” are improper. During the status
conference, Mr. Dickerson’s counsel agreed to supplement his responses to these interrogatories
by the end of the day.
Second, the District argues that Mr. Dickerson’s objections to eighteen
interrogatory requests and seventeen requests for documents on the grounds that the information
or documents are within the District’s control are improper. During the status conference, Mr.
Dickerson’s counsel agreed to provide these documents to the extent they are readily available,
even if they are duplicative.
4. Insufficient responses to interrogatories
First, the District argues that Mr. Dickerson has not responded to Interrogatory
No. 25. During the status conference, Mr. Dickerson’s counsel agreed to respond to
Interrogatory No. 25 by filing either an answer, an objection, or both.
Second, the District argues that Mr. Dickerson needs to supplement his response
to Interrogatory No. 22. The parties identified the outstanding issue as what specificity Mr.
Dickerson needs to give for compensatory damages. During the status conference, the District
agreed to file a brief citing case law to support its argument that Mr. Dickerson needs to be more
specific regarding a calculation of compensatory damages. Accordingly, it is hereby
ORDERED that the District’s Motion to Compel Discovery [Dkt. No. 99] is
GRANTED in part and HELD IN ABEYANCE in part; it is
FURTHER ORDERED that the Plaintiff shall submit responses to the seven
interrogatories that he had previously objected to on the grounds that he had not yet identified
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trial witnesses; it is
FURTHER ORDERED that the Plaintiff shall respond to the eighteen
interrogatories and provide documents in response to the seventeen document requests that he
had previously objected to on the grounds that the information or documents are within the
District’s control to the extent that these documents are readily available. The Plaintiff shall
continue to supplement its responses and documents as appropriate; it is
FURTHER ORDERED that the Plaintiff shall respond to
Interrogatory No. 25; and it is
FURTHER ORDERED that the District shall file a brief on or before
November 11, 2019 to support its argument that the Plaintiff needs to be more specific regarding
his compensatory damages calculation. Mr. Dickerson’s response is due on or before
November 18, 2019.
SO ORDERED.

_______________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: November 6, 2019

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