Reidy v. Runyon

169 F.R.D. 486, 37 Fed. R. Serv. 3d 273, 1997 U.S. Dist. LEXIS 20, 1997 WL 3250
CourtDistrict Court, E.D. New York
DecidedJanuary 3, 1997
DocketNo. CV 95-0578 (ADS)
StatusPublished
Cited by3 cases

This text of 169 F.R.D. 486 (Reidy v. Runyon) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reidy v. Runyon, 169 F.R.D. 486, 37 Fed. R. Serv. 3d 273, 1997 U.S. Dist. LEXIS 20, 1997 WL 3250 (E.D.N.Y. 1997).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

As this Court recognized in its February 10, 1996 Memorandum of Decision and Order, this lawsuit arises from the employment discrimination claims of the plaintiff, James Reidy (“Reidy” or the “plaintiff”), against his employer, the defendant Postmaster General (the “defendant,” the “Post Office” or the “Postal Service”). The plaintiff, a postal clerk, claims that the Post Office discriminated against him on the basis of his disabili[488]*488ty in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 501, as amended, 29 U.S.C. §§ 791 et seq., by failing to allow him to work overtime because of his neck injury while other, more junior employees were given that work. Familiarity with the Court’s prior decision as well as the facts underlying this case is presumed.

Presently before the Court is an appeal of an order issued by United States Magistrate Judge E. Thomas Boyle on May 15, 1996, imposing sanctions against the defendant for “failure to adequately respond to requests for interrogatories and documents.” The plaintiff did not file any opposing papers.

I. Background

According to the defendant’s papers and annexed exhibits, the relevant underlying facts follow. On April 24, 1996, the Post Office served its response to Reidy’s first set. of interrogatories and request for documents. Believing the defendant’s response to be inadequate, the plaintiff moved for sanctions by letter application to Judge Boyle dated April 29, 1996. Both Judge Boyle and this Court refer to the letter application as the “motion” or the “letter application” interchangeably. The letter application stated that “none of the [defendant’s] responses to the Document Request make any reference to the particular documents produced” in violation of Fed.R.Civ.P. 34. Further, according to the plaintiff, the responses to the interrogatories were insufficient because “with the exception of response # 2, all of the responses simply make reference to ‘documents being produced with these responses’ but nowhere in the responses [did] the defendant indicate which documents refer to which interrogatory” in violation of Fed.R.Civ.P. 33(c).

On May 15, 1996, Judge Boyle issued an order directing the Postal Service: (1) “to specify the records produced for each interrogatory request and document request ... by May 31, 1996 or, alternatively, pay to plaintiff the sum of $100.00 per diem for each date thereafter that defendant continues to fail to comply;” and (2) “pay to plaintiff the sum of $150.00 as and for reasonable counsel fees and costs.... pursuant to Rule 37(b) Fed.R.Civ.P.”

By letter application dated May 17, 1996, the Post Office moved for reconsideration of the court’s May 15, 1996 order. In support of its position, the defendant argued that sanctions were inappropriate because Reidy had violated the requirements of Discovery Standing Order 6(a) for the Eastern District of New York which requires that the parties confer in good faith before seeking judicial resolution of discovery matters. According to the Post Office, the plaintiff never contacted the defendant before moving for sanctions. Further, the Postal Service asserted that the plaintiff violated Local Civil Rule 3(f) which requires that all discovery motions be accompanied by an affidavit certifying that the parties had made a good faith effort to resolve the dispute prior to coming to court. Reidy’s attorney failed to file such an affidavit. In addition, defendant asserted that the motion did not contain a return date which would thereby give the Post Office a deadline by which to respond.

By letter dated May 21, 1996, the defendant further advised the Court that the plaintiffs application for sanctions failed to comply with Fed.R.Civ.P. 37(a)(2)(B) which requires a premotion conference and certification by the movant that he has attempted to confer with his adversary before seeking relief from the court. According to the defendant, had the plaintiff made an effort to contact counsel prior to filing his motion, he would have discovered that “she was out of the office for two weeks at a mandatory Department of Justice trial advocacy training seminar in Washington, D.C., and was not aware of his April 29, 1996 letter until her return to the office on May 13,1996, just two days before Magistrate Boyle issued his order.”

On May 30, 1996, Judge Boyle issued an order denying the defendant’s motion for reconsideration. In so doing, the court found the defendant’s claim that the plaintiffs application was void for lack of a return date to be “devoid of merit.” Judge Boyle’s individual rules provide five days to file a responsive letter. Also, the court rejected the Post Office’s contention that it was denied an op[489]*489portunity to respond to the motion for sanctions because counsel was out of town between April 29 and May 13, 1996, reasoning as follows:

Government counsel does not deny receipt of the letter motion and was under an obligation to either file a timely response or request an adjournment to respond, if there were circumstances which warranted an adjournment. The court received plaintiffs letter motion (dated April 29,1996) on May 2, 1996 and delayed the decision to May 15, 1996 to afford the government an opportunity to oppose or seek an adjournment to do so. The government did neither.

Accordingly, Judge Boyle held that the court was precluded from addressing the merits of the defendant’s arguments which were inappropriately presented for the first time on a motion to reconsider.

In addition, the Court held that even if it were to reach the merits of the defendant’s claims, the plaintiffs motion would nevertheless have been granted because “subsequent proceedings” revealed that any effort to confer with defense counsel prior to filing the motion under either Fed.R.Civ.P. 37(a)(2) or Standing Order 6(a) would have been futile. As defense counsel admits in her prior correspondence with Judge Boyle’s chambers, the Post Office apparently would have argued that its discovery responses had fully complied with any obligations imposed pursuant to the Federal or Local Rules. Judge Boyle disagreed and found that the Post Office’s responses were not sufficiently specific.

Further, Judge Boyle noted

the government’s failure to adhere to the prior scheduling of the court with respect to the documents at issue. By order dated February 2, 1996 the government was directed to comply with plaintiffs interrogatory demands and document requests by March 22, 1996. The government, ignoring the order of the court, provided information for the first time on April 25, 1996.

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Bluebook (online)
169 F.R.D. 486, 37 Fed. R. Serv. 3d 273, 1997 U.S. Dist. LEXIS 20, 1997 WL 3250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reidy-v-runyon-nyed-1997.