Litchhult v. Ustrive2, Inc.
ORDER granting in part and denying in part 25 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/17/2012. c/ecf (Johnston, Linda) Modified on 4/17/2012 to indicate C/M to Pltf by Cert. Mail RR #70001670000754358029(Imrie, Robert).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
CV 10-3311 (JFB)(ARL)
LINDSAY, Magistrate Judge:
Before the court is the defendant’s letter application dated April 4, 2012, seeking to
compel the pro se plaintiff to respond to defendant’s First Set of Interrogatories/ First Request for
the Production of Document (“Document Requests”) Nos. 4, 6, 8, 9 and 25 within ten days of the
court’s order, or in the alternative, to schedule a pre-motion conference to address this matter. In
its discovery requests, defendant requested the following duly-executed and acknowledged
authorizations and questionnaires: (a) HIPAA-compliant written authorizations permitting
defendant to obtain and make copies of all medical records and pharmacy records, regarding
plaintiff from January 1, 2005 to present, including all medical records from those institutions,
physicians, psychiatrists and all other medical and mental health care providers that have treated
plaintiff for injuries allegedly suffered by plaintiff as a result of the acts or omissions alleged
against defendant which form the basis for this lawsuit (Document Request No. 4); (b)
authorizations permitting defendant to obtain and make copies of employment records regarding
the plaintiff from January 1, 2002 to present (Document Request No. 6); (c) authorizations
permitting defendant to obtain and make copies of any and all tax returns of plaintiff for the years
2005 through present (Document Request No. 8); (d) Questionnaire from the Centers for
Medicare & Medicaid Services (CMS) to determine Medicare eligibility, CMS Consent to to
Release Information and SSA Consent to Release of Information Form (Document Request No.
9); and (e) authorizations for obtaining from plaintiff’s telephone, both land line and cellular and
e-mil providers, e-mails, or telephone or PDA text messages or notes, preserved by or available to
plaintiff from her computer, telephone, PDA, or any computer, telephone or PDA she accessed or
accesses, concerning plaintiff’s candidacy for Ustrive2 employment and her subsequent Ustrive2
employment (Document Request No. 25). The requests were served on the plaintiff on February
6, 2012, and to date the plaintiff has not produced the requested authorizations. Nor has the
plaintiff responded to the instant application. Defendant’s motion to compel is granted, in part.
Plaintiff brings this action against defendant alleging employment discrimination in
violation of Title VII and NYHRL as well as claims for retaliation and breach of contract.
Plaintiff claims, inter alia, she suffered and continues to suffer mental anguish as a result of
defendant’s actions and seeks compensatory and punitive damages. Plaintiff’s employment with
defendant commenced on September 15, 2008 and was terminated on April 24, 2009.
Accordingly, plaintiff is directed to produce the requested authorizations on or before April 30,
2012 with the following modifications: (i) Document Request Nos. 4 and 9 are limited to the time
period commencing September 2008 through the present; and (ii) Document Request Nos. 6, 8
and 25 are limited to the alleged time period of plaintiff’s two-year employment contract, viz.
September 15, 2008 to September 15, 2010. The plaintiff is warned that the failure to comply
with this order may result in the imposition of sanctions. Defendant is directed to serve a copy of
this Order on plaintiff forthwith.
Dated: Central Islip, New York
April 17, 2012
ARLENE R. LINDSAY
United States Magistrate Judge
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