Kimbrough v. Cincinnati Association for the Blind and Visually Impaired

Filing 17

ORDER following Informal Telephone Discovery conference held on 5/3/2013 before MJ Litkovitz. Discovery deadline is extended to 6/30/2013, and the Dispositive motion deadline is extended to 7/31/2013. Signed by Magistrate Judge Karen L. Litkovitz on 5/7/2013. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
SUSAN M. KIMBROUGH,
Plaintiff,
vs.
CINCINNATI ASSOCIATION FOR THE
BLIND AND VISUALLY IMP AIRED,
Defendant.

Case No. 1:12-cv-342
Beckwith, J.
Litkovitz, M.J.

ORDER

This matter is before the Court following an informal telephonic discovery conference
held on May 3, 2013.
Plaintiff, Susan Kimbrough, brings this action against her former employer, the
Cincinnati Association for the Blind and Visually Impaired (CABVI), alleging age
discrimination and retaliation in violation of the Age Discrimination in Employment Act
("ADEA''), 29 U.S.C. § 621 et seq., and the Americans with Disabilities Act, 42 U.S.C. § 12101,

et seq. Plaintiff also raises state law retaliation, discrimination, and wrongful discharge claims.
Plaintiff requested the conference to address several outstanding discovery requests. As stated
during the conference, the Court finds as follows regarding plaintiffs discovery requests.
1. Document Requests l(a), 1(b): Document request 1 seeks personnel files, employee

relations files, desk files, data files, and/or disability files (hereinafter "personnel files")
concerning plaintiff, plaintiffs direct supervisor, Virginia Backscheider, and plaintiffs
subordinate, Lori Lindsly. Plaintiff states that defendant has produced certain relevant files, but
wants to ensure that all documents in this class are produced regardless of the file-type name.
Defendant objects to the request as being overbroad, noting that it is unlimited in scope or time.
The undersigned finds that the plaintiff is entitled to the requested documents for the limited time

period of January 1, 2006 to December 31,2012, and, further, accepts defendant's
representations that it has provided all responsive documents in its custody and control.
2. Document Request 1(b); Interrogatories 10, 11: Interrogatory 10 seeks the names,
contact information, dates ofhire (and transfer and termination where applicable), and disability
status of all defendant's employees from January 1, 2006 to the present. Interrogatory 11 and
document request 1(b) seeks this information for employees reporting directly or indirectly to
Ms. Backscheider and Brian Powell, the Director of Administration, as well as these employees'
personnel files. During the conference, plaintiff limited her document requests to the production
of personnel files for only those individuals who were managers or supervisors; both parties
agree that this is approximately 13-15 individuals. The undersigned finds that plaintiffs request
for 13-15 personnel files is reasonably limited in scope. Defendant shall produce the relevant
personnel files for these individuals for the time period of January 1, 2006 to December 31,
2012. Defendant may produce these files in paper or electronic format and shall bear the cost of
production.
3. Document Request 1(b); Interrogatory 7: These requests seek the identification of and
personnel files related to any and all of plaintiffs supervisors, as well as their supervisors,
throughout plaintiffs over twenty-year employment with CABVI. Defendant objects on the
grounds of overbreadth and undue burden, noting that plaintiffs requests are not limited in time
or scope. For the reasons discussed, defendant shall identify and produce the personnel files for
plaintiffs supervisors for the time period of January 1, 2003 to December 31, 2012.
4. Document Requests l{b), 6, 14-16; Interrogatory 9: Interrogatory 9 seeks
identification of any individual making formal or informal allegations internally or externally,
and on behalf of themselves or another, that defendant has engaged in discriminatory and/or

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retaliatory conduct from January 1, 2006 to the present. The related document requests seek
associated personnel files and all related documentation. Defendant objects on the grounds of
over-breadth and undue burden. The undersigned finds that plaintiff is entitled to the requested
information for individuals who made claims of age discrimination and made complaints about
disability discrimination for the time period of January 1, 2006 to December 31, 2012.
5. Document Request 19; Interrogatory 10: Plaintiffs requests seek the identification
and contact information for defendant's employees from January 1, 2006 to the present,
including the designation of whether they are disabled. As discussed during the conference,
defendant shall provide the requested information for only those individuals supervised directly
or indirectly by Ms. Backscheider and Mr. Powell for the time period of January 1, 2007 to
December 31, 2012. Defendant need not produce any documents in response to Document
Request 19 at this juncture. Plaintiff may seek additional documentation in a follow-up request
should information related to certain identified individuals appear to be relevant to her claims. 1
7. Interrogatories 3(a), 3(b), 4, 8, 12: These interrogatories seek the names and related
information for defendant's employees who participated in the decisions to terminate plaintiffs
employment and discipline plaintiff. As stated during the conference, defendant shall provide
responsive answers to plaintiffs requests regarding who had input and was involved in the
termination and discipline decisions for the two-year period preceding plaintiffs termination.
8. Document Request 9, Interrogatory 13: These requests seek information regarding
defendant's employee benefits, including calculation of the percentage of an employee's salary
reflecting defendant's cost for the benefits or the annual cost to defendant for benefits for which
plaintiff was eligible. During the conference, plaintiffs counsel clarified that information

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For the numbers that follow, the Court adopts the number and referencing system used by the parties in
their letter briefs to the Court.

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regarding plaintiff's health and dental benefits was produced and identified, but no other benefit
information was produced by defendant. The parties agreed that defendant will provide any
additional information on plaintiff's benefits, but is not required to perform any calculations.
9. Document Request 7: This request seeks all employment policies and procedures in
defendant's custody and control. The undersigned accepts defense counsel's representation that
all responsive documents have been produced.
11. Document Request 18: Plaintiff requested and was provided a copy of defendant's
insurance policies relevant to her discrimination and retaliation claims but asserts the policy was
improperly redacted. Defense counsel contends the only information redacted involves the
premium and deductible costs, which is sensitive information and irrelevant to plaintiff's claims.
The undersigned agrees that plaintiff is not entitled to the information regarding the costs ofthe
policy to defendant. Should plaintiff provide supplemental authority demonstrating the
relevance and discoverability of this information, the Court may reconsider this ruling.
12. Document Request 22: Plaintiff requests any and all electronically stored information
related to her employment with defendant, termination, or the allegations contained in her
complaint. The Court accepts defense counsel's representations that all responsive
documentation has been provided.
During the conference, the parties agreed that additional time may be needed to complete
discovery. For good cause shown, the discovery deadline in this matter is extended to June 30,
2013, and the deadline for dispositive motions is extended to July 31, 2013.
IT IS SO ORDERED.

f.it.&w~~

United States Magistrate Judge
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