Applewhite v. FCA US LLC

Filing 69

ORDER granting in part and denying in part Plaintiff's 59 Motion to Compel. Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAMON APPLEWHITE,
Plaintiff,
v.

Case No. 4:17-cv-11132
District Judge Linda V. Parker
Magistrate Judge Anthony P. Patti

FCA US LLC,
Defendant.
_________________________/
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S
FOURTH MOTION TO COMPEL DISCOVERY (DE 59)
This matter is before the Court for consideration of Plaintiff’s fourth motion
to compel discovery (DE 59), Defendant’s response (DE 64), and the parties’ joint
list of unresolved issues (DE 68). Judge Parker referred this motion to me for
hearing and determination. (DE 62.)
On January 14, 2019, the date set for hearing, attorneys Darcie R. Brault and
Deborah L. Brouwer appeared in my courtroom. Having considered the motion
papers and listened to the oral argument from counsel, and for the reasons stated on
the record and consistent with the agreement of the parties at the hearing, which
are incorporated herein by reference, Plaintiff’s fourth motion to compel (DE 59),
as narrowed by the January 11, 2019 joint list of unresolved issues (DE 68), is
GRANTED IN PART AND DENIED IN PART as follows:

Defendant shall respond to Plaintiff’s Amended Third Request for
Production of Documents, Request No. 4 and produce, on or before January 28,
2019, any and all online training modules regarding discrimination, the Americans
with Disabilities Act, and disability accommodations that were given to Terry
Wyka, or which could have been given to Mr. Wyka at his supervisory level, from
2015 to present.
Finally, I decline to award fees or costs to either side. Pursuant to Federal
Rule of Civil Procedure 37, if a motion to compel is granted in part and denied in
part, the Court may apportion reasonable expenses for the motion. Here, both
sides’ positions were substantially justified and required rulings from the Court.
As such, an award of costs in this matter would neither be appropriate, nor just.
IT IS SO ORDERED.
Dated: January 14, 2019

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on January 14, 2019, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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