Mejia v. Fertility Solutions, P.C. et al

Filing 40

Judge Indira Talwani: ORDER entered. re 34 MOTION to Compel Production of Documents filed by Angeline Mejia, 35 Joint MOTION for Extension of Time to Tracking Order filed by Angeline Mejia. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ANGELINE MEJIA,

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Plaintiff,
v.
FERTILITY SOLUTIONS, P.C., et al.,
Defendants.

Civil Action No. 14-cv-13005-IT

ORDER
June 23, 2015
TALWANI, D.J.
After a Motion Hearing on June 10, 2015, the court hereby orders that:
1. Plaintiff’s Motion to Compel Production of Documents [#34] is ALLOWED IN
PART, DENIED IN PART, and DEFERRED IN PART.
a. Defendants shall produce all non-privileged documents responsive to Request No.
6 and Request No. 8 of Plaintiff’s First Request for Production of Documents
[#34-5] (Madar Aff. Ex. 3).
b. As to Request No. 11 and Request No. 20, Defendants shall produce all nonprivileged documents relevant to employees’ schedules, absences, breaks, and
tardiness (including payroll records) for the year 2012. Defendants may redact
salary information if such redaction does not obscure information as to the
employees’ schedules and hours worked.
c. As to Request No. 12, Defendants shall produce all employee records of
discipline, warnings, and counseling (including employee evaluations concerning
attendance, tardiness, or schedules) for the year 2012.

d. As to Request No. 15, for any employee who quit, was terminated, or was
disciplined while pregnant during the years 2011 and 2012, Defendants shall
produce all documents within that employee’s personnel file relevant to the
employee’s reason for quitting, being terminated, or being disciplined. The court
DEFERS ruling on the remainder of Plaintiff’s Request No. 15 at this time. If
while reviewing the documents produced under the prior sub-paragraphs, Plaintiff
identifies particular employees for whom Plaintiff seeks personnel files, Plaintiff
shall confer with Defendants regarding the production of those files. If the parties
are unable to resolve any such disputes, Plaintiff may file a further motion to
compel production and Defendants may file a motion for a protective order.
e. Plaintiff’s motion to compel production of documents responsive to Request No.
23 is DENIED.
f. Defendants shall produce the documents described in the prior sub-paragraphs by
July 8, 2015.
g. Defendants shall also supplement their Responses to Document Requests to
reflect the additional production.
h. Plaintiff’s request for an award of expenses incurred in relation to Plaintiff’s
motion to compel is DENIED WITHOUT PREJUDICE. This order is subject to
reconsideration in the event the parties are unable to resolve any remaining
discovery disputes.
2. The parties’ Joint Motion to Extend Tracking Order [#35] is ALLOWED. Fact
discovery shall close on September 30, 2015. The dispositive motion deadline shall
be rescheduled after the court holds a Status Conference.

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3. A Status Conference is scheduled for September 9, 2015, at 3:00 p.m.
IT IS SO ORDERED.
June 23, 2015

/s/ Indira Talwani
United States District Judge

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