Holmes v. Tacoma Public School District No. 10 et al
ORDER denying 20 Motion to Compel signed by Judge Benjamin H. Settle.(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-5317 BHS
DEFENDANT’S MOTION TO
TACOMA PUBLIC SCHOOL
DISTRICT NO. 10,
This matter comes before the Court on Defendants Tacoma School District’s
(“District”) motion to compel discovery (Dkt. 20), the Court’s order requesting a joint
status report (Dkt. 27), and the parties’ response (Dkt. 28).
On December 13, 2016, the District served Plaintiff Sandra Holmes (“Holmes”)
with discovery requesting the sources and amount of her income since leaving
employment with the District. Dkt. 20 at 1. On April 27, 2017, the District filed the
instant motion asserting that Holmes has failed to fully comply and requesting that the
Court order complete production of the financial information. Id. Holmes’s only defense
is that production is ongoing and is difficult because it involves interacting with various
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government agencies. Dkt. 22. The District contends that, while obtaining the requested
information may be difficult, Holmes has failed to show diligence in corresponding with
the agencies. Dkt. 25.
On June 1, 2017, the Court requested a status report because the production
appeared to be ongoing and the extent of prejudice to the District was unknown. Dkt. 27.
On June 16, 2017, the parties responded stating that Holmes had produced all requested
information, except for payment history from the Social Security Administration
(“SSA”). Dkt. 28. Holmes, however, has signed a release to acquire the SSA
information and the documents have been requested. Thus, the only remaining dispute is
whether the District is entitled to sanctions for having to seek the Court’s involvement.
The Court concludes that sanctions are not appropriate at this time and defers ruling on
this issue. If Holmes is responsible for additional discovery problems, then the Court will
revisit the issue of sanctions. Accordingly, the District’s motion is DENIED as moot.
IT IS SO ORDERED.
Dated this 20th day of June, 2017.
BENJAMIN H. SETTLE
United States District Judge
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