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Glasker v. Small Wonders

United States District Court, S.D. Alabama, Southern Division

December 11, 2017

ERICA GLASKER, Plaintiff,
v.
SMALL WONDERS Defendant.

          ORDER

          KATHERINE P. NELSON UNITED STATES MAGISTRATE JUDGE.

         On December 6, 2017, the undersigned held a hearing on Defendant Small Wonders' (“Defendant”) Motion to Compel and Amended Motion to Compel (Docs. 34, 39).[1] Pro se Plaintiff Erica Glasker was present on her own behalf, and attorney Nathan Friedlander was present on behalf of Defendant. For the reasons discussed on the record, and detailed below, the Amended Motion to Compel (Doc. 39) is GRANTED IN PART and DENIED IN PART.

         I. Background

         On October 31, 2017, Defendant filed its first Motion to Compel (Doc. 34), detailing Plaintiff's failure to respond to its discovery requests, and requesting that the Court compel Plaintiff to respond to Defendant's interrogatories, requests for production, and to file Rule 26 disclosures. Upon receipt of Plaintiff's motion for extension of time, the Court permitted an extension of time in which to comply with her discovery obligations, and set a deadline of November 17, 2017. (Doc. 36).

         On November 17, 2017, Plaintiff filed a document styled as “Notice of Filing Rule 26 Disclosures.” (Doc. 37). On November 30, 2017, Defendant filed an Amended Motion to Compel, which detailed its position that the disclosures filed by Plaintiff failed to comply with Rule 26 and that Plaintiff has wholly failed to respond to Defendant's request for production. (Doc. 39). Thereafter, the undersigned set this matter for hearing. (Doc. 40).

         II. Summary of December 6, 2017 Hearing

         At the hearing, the undersigned discussed Plaintiff's discovery obligations with the parties, and heard the parties' positions with regard to which obligations remained unfulfilled. Upon consideration, the Amended Motion to Compel (Doc. 39) is GRANTED IN PART and DENIED IN PART as detailed below.

         A. Requests for Production

         For clarity, the undersigned has listed each request for production contained in Doc. 33, and summarized the discussion at the hearing with regard to each request below.

         1. Produce a true and correct copy of all payroll records of any earnings, employment, job held by you from November 21, 2016 to present.

Plaintiff indicates she has no payroll records, other than paystubs. Plaintiff shall provide copies of any relevant paystubs to Defendant on or before Friday, December 15, 2017.

         2. Do you receive any other form of government assistance, such as housing assistance payments, food stamps, child care subsidies, or other assistance, whether or not of a type enumerated? If so, produce a true and correct copy of any records of such assistance payments, applications by you for the same, or any related documents, from October 21, 2016 to present.

Plaintiff is directed to answer this question, and provide the requested records to Defendant on or before Friday, December 15, 2017.

         3. Produce a true and correct copy of any records of your employment with Small Wonders Daycare, including but not limited to:

A. Payroll ...

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