United States District Court, S.D. Alabama, Southern Division
KATHERINE P. NELSON UNITED STATES MAGISTRATE JUDGE.
December 6, 2017, the undersigned held a hearing on Defendant
Small Wonders' (“Defendant”) Motion to Compel
and Amended Motion to Compel (Docs. 34, 39). 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
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).
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).
Summary of December 6, 2017 Hearing
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.
Requests for Production
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.
Produce a true and correct copy of all payroll records of any
earnings, employment, job held by you from November 21, 2016
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.
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
Plaintiff is directed to answer this question, and provide
the requested records to Defendant on or before
Friday, December 15, 2017.
Produce a true and correct copy of any records of your
employment with Small Wonders Daycare, including but not
A. Payroll ...