McFadden v. Ballard, Spahr, Andrews, & Ingersoll, LLP

243 F.R.D. 1, 2007 U.S. Dist. LEXIS 46986, 2007 WL 1880305
CourtDistrict Court, District of Columbia
DecidedJune 29, 2007
DocketCivil Action No. 05-2401 (RJL/JMF)
StatusPublished
Cited by14 cases

This text of 243 F.R.D. 1 (McFadden v. Ballard, Spahr, Andrews, & Ingersoll, LLP) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McFadden v. Ballard, Spahr, Andrews, & Ingersoll, LLP, 243 F.R.D. 1, 2007 U.S. Dist. LEXIS 46986, 2007 WL 1880305 (D.D.C. 2007).

Opinion

MEMORANDUM OPINION

FACCIOLA, United States Magistrate Judge.

Plaintiff alleges that her employer (a) discriminated and retaliated against her on the basis of race in violation of Title VII, 42 U. S.C. § 2000e-16(a), the Civil Rights Act of 1866, 42 U.S.C. § 1981, and the D.C. Human Rights Act, D.C.Code § 2-1402.11 et seq.; (b) discriminated and retaliated against her on the basis of disability in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the D.C. Human Rights Act, D.C.Code § 2-1402.11 et seq.; and (c) violated the Family and Medical Leave Act, 29 U.S.Cv § 2601 et seq.

This case has been referred to me for resolution of all non-dispositive motions. Currently before me are Defendants’ Motion to Test the Sufficiency of Plaintiff’s Responses to Requests for Admission (“Defs.Mot.Test”); Defendants’ Motion to Compel Plaintiff to Appear for Deposition, to Amend Motion Deadline, and for Sanctions (“Defs.Mot.Comp.”); Defendants’ Motion to Strike Objections and for Sanctions (“Defs.Mot.Strike”); and Plaintiffs Motion to Compel Defendant’s Responses to Discovery Requests (“Pls.Mot.”). For the reasons stated below, Defendants’ motions will all be denied, and Plaintiffs motion will be granted in part and denied in part.

I. Background

Plaintiff Vanessa McFadden, an African-American female, began work as a full-time legal secretary for Defendant, the law firm of Ballard Spahr Andrews & Ingersoll LLP (“Ballard Spahr”), in June 1989. Complaint (“Compl.”) UU 12-13. In October 2002, her husband was diagnosed with cancer, and McFadden was initially excused from work to care for him. Compl. UU 17-18. Over the following months, McFadden requested additional leave and an adjusted part-time schedule to care for her ailing husband from her supervising partner, Mr. Charles Henck, and the Human Resources Manager, Ms. Riley-Jamison. She alleges Ballard Spahr and Ms. Riley-Jamison repeatedly violated the Family and Medical Leave Act (“FMLA”) by denying her leave, misrepresenting the leave entitled to her under the FMLA, interfering with that entitlement, and failing to keep her husband’s medical condition confidential. See generally Compl. UU 19-31. She also alleges she was subjected to harassing comments by Ms. Riley-Jamison and other Ballard Spahr employees that were designed to coerce her back into work and away from caring for her ill husband. Compl. U 32.

In or around April 2003, McFadden began experiencing her own health problems that required additional absence from work, which Ballard Spahr approved. Compl. UU 36-38. Though she returned to work full time, she was diagnosed with a variety of ailments and her physical condition deteriorated. By October 2003, her physician declared her disabled and no longer able to continue working. Compl. UU 38-39. She eventually began receiving disability payments under Ballard Spahr’s disability plans. Following the expiration of her leave period, McFadden alleges she requested returning to a position suitable for her disabling conditions but was instead terminated. Compl. UU 46-48. McFadden claims she was discriminated against on the basis of race and disability, treated differently than similarly situated white employees, and retaliated against for complaining of disparate treat[5]*5ment and taking FMLA and disability-related absences.

II. Defendant’s Motion to Test the Sufficiency of Plaintiffs Responses to Requests for Admission

Defendants ask the Court to “test the sufficiency of Plaintiff Vanessa McFadden’s Responses to Defendants’ Requests for Admission.” Defs. Mot. Test at 1. Defendants also ask the Court to deem specific requests to be admitted as true. Memorandum of Points and Authorities in Support of Defendants’ Motion to Test the Sufficiency of Plaintiff s Responses to Requests for Admission (“Defs.Mem.Test”) at 1.

McFadden alleges in her complaint that she was able to return to work as a receptionist and accommodate her disabilities following her own medical treatment, but Ballard Spahr refused to allow her to do so. See Compl. H 48. According to Defendants, statements by McFadden’s physicians and McFadden herself in seeking disability payments indicate that she is completely incapable of ever returning to work. Defs. Mem. Test at 2. In pursuing discovery, Ballard Spahr sought Plaintiffs medical records from McFadden, and she produced twenty-five pages of medical records from two physicians. Id. Believing this production inadequate in light of Plaintiffs medical condition, Defendants subpoenaed her health care providers and disability insurance carrier to obtain McFadden’s medical records and insurance submissions, which generated over 200 pages of material. Id. at 2-3. Based on that production, Defendants propounded requests for admission upon McFadden regarding the contents of the medical records, many of which McFadden, according to Defendants, wrongfully denied. Id. at 3. Defendants thus ask the Court to intervene.

A. The Controversy

Defendants submitted requests for admission to McFadden on September 6, 2006. She responded on October 5, 2006, and Defendants were wholly unsatisfied with some of McFadden’s denials without explanation. On October 12, Defendants forwarded a letter detailing their concerns and, before Plaintiff responded, filed the instant motion on October 25. Plaintiff forwarded a detailed letter on October 27, 2006, explaining her denials, and amended her responses accordingly. In Defendants’ reply brief, Defendants claim that some responses, even as supplemented, remain inadequate.1

The chart that follows indicates the Request for Admission, the objection McFadden initially made in her counsel’s letter of October 26, 2006, McFadden’s supplemental answers, and Defendants’ current objection, despite the supplementation.

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As I have pointed out in other opinions, Requests for Admissions are not a discovery device but are designed to narrow the issues for trial. Nat’l Semiconductor Corp. v. Ramtron Int’l Corp., 265 F.Supp.2d 71, 74 (D.D.C.2003). Denial is an appropriate response to a Request for Admission under Rule 36, which provides that a respondent may either (1) object to a request on grounds that the matter is beyond the scope of discovery permitted by Rule 26(b)(1); (2) admit the request; (3) deny the request; (4) provide a detailed explanation as to why the request cannot be admitted or denied; or (5) provide some qualified admission as to parts of the request. Fed.R.Civ.P. 36(a). Moreover, Rule 37(c)(2) provides an automatic remedy.

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Bluebook (online)
243 F.R.D. 1, 2007 U.S. Dist. LEXIS 46986, 2007 WL 1880305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfadden-v-ballard-spahr-andrews-ingersoll-llp-dcd-2007.