Del Real v. LaCosta Inc
Filing
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OPINION AND ORDER granting in part and denying in part 28 Motion to Limit Plaintiffs Requested Discovery as set forth in order. Signed by Magistrate Judge Andrew P Rodovich on 12/3/14. (mc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MARIA G. DEL REAL,
Plaintiff,
v.
LACOSTA, INC.,
Defendant.
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) Case No. 2:12-cv-474
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OPINION AND ORDER
This matter is before the court on the Motion to Limit Plaintiff’s Requested Discovery
[DE 28] filed by the defendant, LaCosta, Inc., on September 5, 2014. For the following reasons,
the motion is GRANTED IN PART and DENIED IN PART.
Background
On March 22, 2012, the plaintiff, Maria G. Del Real, filed a claim with the United States
Equal Opportunity Commission. Del Real's EEOC Complaint included claims of discrimination
based on sex, national origin, and retaliation by her employer, LaCosta, Inc. (See DE. 1, ¶5 and
Ex. A).
On November 15, 2012, Del Real filed a complaint in this court alleging: Count I –
Sexual Discrimination, Count II – Sexual Harassment and Hostile Work Environment, Count III
– Retaliation, Count IV – Failure to Pay, and Count V – Assault and Battery. However, none of
the claims related to national origin or immigration status. On February 14, 2014, District Judge
Rudy Lozano dismissed Counts IV and V. Subsequently, on July, 31, 2014, Del Real filed an
Identification of Corporate Representatives to be Deposed. Del Real requested corporate
representatives that can testify about a number of topics, including representatives' knowledge of
the hiring and retention of non-US citizens in the past 6 years, any training methods for
responding to complaints from employees for the misconduct of supervisors, and any complaints
made against LaCosta in the past 6 years, among other topics. LaCosta opposes the deposition,
arguing that much of the information sought is irrelevant to the present suit and meant to
embarrass, harass, and annoy LaCosta. Furthermore, it is LaCosta's position that this
information pertains to claims that never were brought to this case, as well as claims already
dismissed by this court. LaCosta now moves for a protective order to limit the scope of Del
Real’s requested discovery.
Discussion
A party may move for a protective order in order “to protect a party or person from
annoyance, embarrassment, oppression, or undue burden or expense. . . .” Federal Rule of Civil
Procedure 26(c)(1). The party requesting the protective order carries the burden of
demonstrating good cause; the moving party can satisfy that burden by showing some plainly
adequate reason for the order. 8 Charles Alan Wright & Arthur R. Miller, Federal Practice and
Procedure § 2035 (3d ed.1998); see Gregg v. Local 305 Ibew, 2009 WL 1325103, *8 (N.D. Ind.
May 13, 2009) (“The burden rests upon the objecting party to show why a particular discovery
request is improper.” (citing Kodish v. Oakbrook Terrace Fire Protection Dist., 235 F.R.D. 447,
449–50 (N.D. Ill. 2006)); McGrath v. Everest Nat. Ins. Co., 2009 WL 1325405, *3 (N.D. Ind.
May 13, 2009); Carlson Restaurants Worldwide, Inc. v. Hammond Professional Cleaning
Services, 2009 WL 692224, *5 (N.D. Ind. March 12, 2009)). Specific factual demonstrations are
required to establish that a particular discovery request is improper and that good cause exists for
issuing the order. See Felling v. Knight, 211 F.R.D. 552, 554 (S.D. Ind 2003) (“To establish
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good cause a party must submit ‘a particular and specific demonstration of fact, as distinguished
from stereotyped and conclusory statements.’”) (quoting Wilson v. Olathe Bank, 184 F.R.D. 395,
397 (D. Kan. 1999) (quoting Gulf Oil Co. v. Bernard, 452 U.S. 89, 102 n.16 (1981))); see also
Harrisonville Telephone Co. v. Ill. Commerce Comm’n, 472 F.Supp.2d 1071, 1078 (S.D. Ill.
2006) (stating that in order to establish good cause, the movant must rely on particular and
specific demonstrations of fact, rather than conclusory statements).
LaCosta argues that their corporate representatives should not be subjected to a
deposition because the deposition topics include claims not raised by Del Real or claims
previously dismissed by this court. It additionally argues that subjecting the representatives to
questions that are irrelevant to Del Real’s current claims would serve no purpose other than to
harass. If Del Real needs additional information, it can be obtained through less burdensome
methods of discovery, including interrogatories.
In support of their argument, LaCosta cited Langenbach v. Wal-Mart Stores, Inc., 2013
WL 4431963 (E.D. Wis. Aug. 14, 2013). In Langenbach, the District Court limited the
plaintiff’s discovery to information related to the specific type of discrimination alleged. 2013
WL 4431963 at *3. Furthermore, LaCosta relied on Oppenheimer Fund, Inc., v. Sanders, 437
U.S. 340, 352 (1978). In Oppenheimer, the Court found that “it is proper to deny discovery of
matter that is relevant only to claims or defenses that have been stricken, or to events that
occurred before an applicable limitations period….” 437 U.S. at 352. LaCosta has stated
adequate reasoning why Del Real’s discovery request should be limited in scope.
In response, Del Real refuted the relevancy of her identification of corporate
representatives’ deposition request. Del Real claims that the six topics, to which LaCosta
objects, are relevant to all claims, including discrimination based on national origin and alienage,
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alleged throughout her complaint. Del Real argues that all six topics, which include determining
defendant’s hiring practices of non-US citizens, determining information about complaints or
reports against any of defendant’s supervisors or management alleging wrongdoing, determining
training methods and safeguards implemented to try to reduce or avoid misconduct by
supervisors to employees, determining training methods and practices for responding to
complaints of misconduct by supervisors, determining whether a method for purging records
exists, determining the character and fitness of Jim Kelly, John Hardesty, and Deborah Bosman,
and lastly determining information about complaints, reports, or charges against LaCosta in
relation to the hiring of undocumented aliens, are designed to obtain information that can help
support the types of discrimination alleged. LaCosta objected to each of these reasons as
irrelevant and outside the scope of the continuing claims.
LaCosta first argues that discovery must be limited to prohibit Del Real from making
inquiries, whether directly or indirectly, related to LaCosta's hiring practices regarding national
origin. Upon review, Del Real's complaint filed in this court did not include a national origin
discrimination claim, unlike her EEOC action, and therefore, she waived the opportunity to seek
information on this claim. However, Del Real maintains that claims of national origin
discrimination have been a part of this case from the inception. Del Real asserts that all six
deposition topics are relevant or at least reasonably calculated to lead to discovery of admissible
evidence. Without a national origin claim in the complaint, this discovery request is not relevant.
Therefore, the court LIMITS discovery and PROHIBITS Del Real from making any inquiries
regarding national origin.
Second, LaCosta argues that discovery must be limited to existing claims. Del Real’s
requested discovery regarding her assault and battery claim is irrelevant as this claim has been
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dismissed. LaCosta maintains that because the assault and battery claim was dismissed on
February 14, 2014, any discovery related to battery is irrelevant to the remaining claims. Upon
review of Identifications 4.C. and 4.G., Del Real’s requested discovery, not only relates to
battery, but also sexual harassment, hostile workplace, and intimidation, all of which are highly
relevant to her remaining claims. LaCosta has provided no explanation to show why these topics
are unacceptable or irrelevant. Therefore, the court LIMITS discovery in part and
PROHIBITS Del Real from making any inquiries regarding battery and assault, but allowing
inquiries regarding other claims.
Additionally, LaCosta argues that Del Real’s requested discovery regarding illegal aliens
is irrelevant. Inquiry into illegal alien hiring practices is irrelevant as it pertains to seeking
information about national origin and as it pertains to the remaining sexual discrimination
claims. Furthermore, Del Real failed to raise this claim in her original complaint with the EEOC
and cannot now raise this claim in her subsequent suit. Accordingly, because Del Real has not
satisfied the administrative remedy exhaustion requirement, discovery related to illegal aliens is
irrelevant. Therefore, the court LIMITS discovery and PROHIBITS Del Real from making any
inquiries regarding illegal aliens.
LaCosta also argues that discovery should be limited in scope to the dates of plaintiff’s
employment with LaCosta. In requests 4.A., 4.C., 4.G., 4.H., and 4.K., Del Real seeks
information related to the previous six years. LaCosta cites 42 U.S.C. § 2000e-5(e)(1), which
states that a claim under Title VII must be brought within 180 days or within 300 days if crossfiled with a state agency that has authority to grant or seek relief for employment claims brought
under state law. Specifically, LaCosta maintains that discovery should be limited to the period
between June 4, 2011 and March 30, 2012, the 300 days before the filing of the EEOC
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complaint. In Oppenheimer, the court held “it is proper to deny discovery of matter…that
occurred before an applicable limitations period, unless the information sought is otherwise
relevant to issues in the case.” 437 U.S. at 352. Del Real failed to address LaCosta’s argument
to limit the discovery time period and thus, did not demonstrate why the information dating back
six years is relevant to the case. Therefore, the court LIMITS the time period of discovery to the
period between June 4, 2011 and March 30, 2012.
LaCosta also objects to the character evidence of LaCosta's employees. In request 4.J.,
Del Real seeks “one in management above and superior to Jim Kelly, John Hardesty, and Debra
Bowsman who can answer questions about the character, background, training . . .” of these
individuals. LaCosta argues that character evidence of the accused is inadmissible under
Federal Rule of Evidence 404(a). However, the scope of discovery does not require that
evidence be admissible at trial. Rather, the parties may obtain discovery relevant to either party’s
claim or defense. Federal Rules of Evidence 26(b)(1). Relevant information does not need to
be admissible at trial if it appears reasonably calculated to lead to the discovery of admissible
evidence. Federal Rules of Evidence 26(b)(1). LaCosta has cited authority that found
character evidence inadmissible at trial, but it did not cite authority to support why the character
evidence should not be discoverable. The court finds that character evidence regarding Del
Real’s supervisors is relevant to Del Real’s remaining claims and is reasonably calculated to lead
to admissible evidence. Therefore, the court DENIES LaCosta’s request to limit discovery
regarding character evidence of LaCosta’s employees.
Based on the foregoing reasons, the Motion to Limit Plaintiff’s Requested Discovery [DE
28] is GRANTED IN PART and DENIED IN PART.
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ENTERED this 3rd day of December, 2014.
/s/ Andrew P. Rodovich
United States Magistrate Judge
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