Donahoo v. Ohio Dept. of Youth Services

211 F.R.D. 303, 2002 U.S. Dist. LEXIS 25617, 2002 WL 31681343
CourtDistrict Court, N.D. Ohio
DecidedMarch 1, 2002
DocketNo. 5:01CV1137
StatusPublished
Cited by19 cases

This text of 211 F.R.D. 303 (Donahoo v. Ohio Dept. of Youth Services) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donahoo v. Ohio Dept. of Youth Services, 211 F.R.D. 303, 2002 U.S. Dist. LEXIS 25617, 2002 WL 31681343 (N.D. Ohio 2002).

Opinion

ORDER

LIMBERT, United States Magistrate Judge.

On August 28, 2001 Plaintiff Maurice A. Donahoo (Plaintiff) filed an amended complaint against Defendant Ohio Department of Youth Services (Defendant) alleging, inter alia, race discrimination and retaliation. See ECF Dkt. # 17.1 In his amended complaint, Plaintiff explains that he has been employed [304]*304in various positions with Defendant at its Indian River Boys School for twenty three years. See id. at ¶ 7. Plaintiff, an African-American, avers that Defendant has failed to promote him to the position of Deputy Superintendent on several occasions due to his race, the most recent occasion occurring in February 2000. See id. at 118.

In his amended complaint, Plaintiff also explains that he responded to Defendant’s alleged conduct by filing an internal discrimination charge with the Department of Administrative Services (DOAS) and a charge of race discrimination with the Equal Employment Opportunity Commission (EEOC). See ECF Dkt. #17 at UH14, 15. The EEOC conducted an investigation and found probable cause to believe that Defendant had violated Title VII of the Civil Rights Act of 1964. See id. at 1116. Plaintiff also contends that Defendant retaliated against him after he filed charges with the DOAS and EEOC. See id. at HH 40-53. Specifically, after returning from disability leave, Plaintiff avers that Defendant ignored Plaintiffs therapist’s work restrictions and assigned him overtime. See id. at 1149.

On September 10, 2001 Defendant filed an answer generally denying Plaintiffs claims of race discrimination and retaliation. See ECF Dkt. # 19. At a January 18, 2002 status hearing, the Court, pursuant to the parties’ agreement, reset the discovery deadline to February 28, 2002, the dispositive motion deadline to March 28, 2002, the final pretrial to August 28, 2002 at 1:30 p.m., and the jury trial to September 17, 2002 at 8:00 a.m. See ECF Dkt. # 20.

On February 27, 2002, the day before discovery ceased, Defendant filed a motion to quash three subpoenas in the instant case. See ECF Dkt. # 22. The Court conducted a telephone conference the following day in an attempt to resolve the dispute. See id. Attorney F. Benjamin Riek, III appeared on behalf of the Plaintiff, while Attorneys Robert L. Griffin and Michael C. McPhillips appeared on behalf of Defendant.

In its motion, Defendant attempts to quash subpoenas served upon non-party witnesses Robert J. Dugan, William Dallman, and Ja-quilla Bass. See ECF Dkt. # 22.2 Defendant raises three grounds to support its attempt to quash these subpoenas. See id. at 1. First, Defendant argues that the testimony of these witnesses is not relevant. See id. Second, Defendant contends that the subpoenas are invalid on their face because they were issued by the Northern District of Ohio, not the Southern District of Ohio. See id. More specifically, Defendant states that Plaintiffs counsel merely typed in the word “Southern” into the heading of the subpoena while retaining the Northern District of Ohio ease number. See id. Defendant also averred at the telephone conference that Plaintiffs counsel cannot issue subpoenas himself in the Southern District, but instead must open a miscellaneous case file in the Southern District of Ohio in order to properly subpoena these three witnesses under the Federal Rules of Civil Procedure. Third, Defendant protests the validity of these subpoenas because they purportedly do not allow for a reasonable time for compliance. See ECF Dkt. # 22 at 1.

The Court addresses Defendant’s contentions one after another. First, in regards to the relevancy of the deposition testimony of the three nonparty witnesses, the Court reminds the parties that Rule 26(b)(1) of the Federal Rules of Civil Procedure permits parties to obtain discovery on

any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Rel[305]*305evant information need, not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.

Fed. R. Civ. P. 26(b)(l)(emphasis added). The Court finds that the deposition testimony of the three nonparty witnesses constitutes relevant information for the purposes of discovery in the instant case. Plaintiff alleges that Defendant failed to promote him due to his race, and then retaliated against him when he filed administrative discrimination complaints. See ECF Dkt. # 17. Plaintiff maintained at the telephone conference that the three nonparty witnesses at issue, which include at least one former officer at the youth center, will provide testimony regarding the Defendant’s hiring practices. Clearly, proposed testimony regarding the hiring practices of Defendant appears reasonably calculated to lead to discovery of admissible evidence in an underlying failure to promote ease. The Court agrees with Plaintiff that the deposition testimony of the three nonparty witnesses at issues is reasonably calculated to lead to the discovery of admissible evidence, and thus is discoverable.

Second, Defendant attacks the method in which Plaintiffs counsel filled out the subpoenas at issue. Defendant argues that the subpoenas are invalid on their face because they were not issued out of the Federal Court in the Southern District of Ohio, the District in which the depositions were to occur. See ECF Dkt. #22 at 1. The Court disagrees with Defendant. An examination of the face of the subpoenas reveals that the subpoenas were in fact issued by Plaintiffs counsel on behalf of the Southern District of Ohio. See ECF Dkt. # 22, exhibits A, C(subpoenas clearly state at top, “Issued by the United States District Court, Southern District of Ohio ”)(emphasis added).

Further, Plaintiffs counsel typed in the parties’ names and the case number of the instant case under the issuing court’s name, i.e. the Southern District of Ohio. See id. Plaintiffs counsel also placed this Court’s name “Northern District of Ohio”, in paren-theticals, under the Case Number. See id. Plaintiffs counsel clearly followed the directions provided at the bottom of the subpoena form which state, “If action is pending in district other than district of issuance, state district under case number.” See id. Thus, the Court finds that Plaintiffs counsel properly followed the directions provided for completing the subpoenas at issue.

Defendant also avers that Plaintiffs counsel, by himself, cannot issue a valid subpoena out of the Southern District of Ohio. See ECF Dkt. #22 at 1. Defendant maintained at the telephone conference that Rule 45 of Federal Rules of Civil Procedure

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Bluebook (online)
211 F.R.D. 303, 2002 U.S. Dist. LEXIS 25617, 2002 WL 31681343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donahoo-v-ohio-dept-of-youth-services-ohnd-2002.