Serina v. Albertson's, Inc.

128 F.R.D. 290, 1989 U.S. Dist. LEXIS 16264, 1989 WL 139174
CourtDistrict Court, M.D. Florida
DecidedNovember 7, 1989
DocketNo. 87-1416-CIV-T-17C
StatusPublished
Cited by6 cases

This text of 128 F.R.D. 290 (Serina v. Albertson's, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Serina v. Albertson's, Inc., 128 F.R.D. 290, 1989 U.S. Dist. LEXIS 16264, 1989 WL 139174 (M.D. Fla. 1989).

Opinion

ORDER

ELIZABETH A. JENKINS, United States Magistrate.

THIS CAUSE comes on for consideration on plaintiffs Motion to Compel Responses to Interrogatories (Dkt.17) and Motion to Compel Responses to Oral Questions at Deposition (Dkt.18).

Plaintiff, a former Unit Manager employed by defendant, seeks certain bonus compensation amounts allegedly due him under his contract in this action premised on common law contract and fraud causes of action.

Plaintiff seeks an order compelling responses to Plaintiff’s Interrogatories 3, 4, 5, 9, and 10, and an order compelling responses to certain questions propounded at the deposition of John Materni, Personnel Director of defendant.

Attached to defendant’s response memorandum are a letter and supplemental responses to interrogatories. Following review of defendant’s memorandum and attached exhibits, it appears that defendants have now responded to Interrogatories 3, 4, 9, and 10. Therefore, the undersigned will not address plaintiff’s motion with regard to these interrogatories as the issues are now moot. In addition, defendants appear to have provided reasonably responsive answers to some of the questions asked at the deposition of John Materni, namely the questions described as follows: Page 59, Line 15; Page 62, Line 24; Page 64, Line 13; and Page 76, Line 1.

Accordingly, the only remaining questions for which plaintiff seeks responses which have not been answered are for Interrogatory 5 and deposition questions as follows: (1) Page 51, Line 9; (2) Page 53, Line 12; (3) Page 54, Line 25; (4) Page 56, Lines 4 and 18; and (5) Page 71, Line 18 (reiterated at Page 76, line 6).

7. Interrogatories 5(a) and 5(b)

Interrogatory 5 seeks information concerning “bonus managers” (those store managers entitled to bonuses based on store profits under their contract) within Albertson’s Southco division from February 25,1981 until June 25,1987. The information sought includes the bonus managers’ names, addresses and telephone numbers, whether they are current employees, and information concerning compensation they received during this time. Defendant objects to answering questions 5(a) and 5(b) (names, addresses and employment status) on the grounds that the information sought is overly broad and seeks irrelevant information. In addition, defendant objects that the addresses and phone numbers of former and current bonus managers are private and confidential. Defendant has produced information (other than addresses and phone numbers) regarding managers at those stores in the Southco division at which plaintiff worked.

First, plaintiff contends that questions concerning bonus managers at other stores “are calculated to lead to witnesses who have knowledge of the issues of liability and damages and to the methods of calculation involving controversies involving precisely the same substantive issues involved in the present case in chief.” In addition, plaintiff argues that since Albertson’s argues that its bonus managers were instructed at official corporate training sessions on the terms of the bonus plan, similarly situated employees to the plaintiff “will have knowledge concerning the training, application, and other relevant issues regarding the bonus plan.” Such information, plaintiff maintains, will contradict or corroborate plaintiff's position that the contract involved was based on actual store profits “not artificially or arbitrarily-adjusted store profits.” Plaintiff, however, cites no case authority supporting his position that such information is relevant in this type of action or that it would lead to the discovery of admissible evidence.

In response, defendant cites authority from the employment discrimination context that information regarding employees [292]*292from other departments or offices of a corporate defendant is irrelevant and not discoverable. See Winfield v. St. Joe Paper Co., 20 F.E.P. Cas. 1100 (N.D.Fla.1978); and James v. Newspaper Agency Corp., 591 F.2d 579, 582 (10th Cir.1979). In the employment discrimination context particularly, when presented with claims of individual discrimination a line of authority supports the proposition that discovery should be limited to information concerning the employee’s immediate department absent a showing of more particularized need for broader information. See Prouty v. National R.R. Passenger Corp., 99 F.R.D. 545, 547-551 (D.D.C.1983) citing Marshall v. Westinghouse Elec. Corp., 576 F.2d 588, 592 (5th Cir.1978).

Contrary authority does exist, however, in the employment discrimination context. See Sweat v. Miller Brewing Co., 708 F.2d 655, 658 (11th Cir.1983) (company-wide statistical information concerning company’s general practices regarding minority employment discoverable to show pretext in individual disparate treatment case); see also Bums v. Thiokol Chem. Corp., 483 F.2d 300, 307 (5th Cir.1973).

However, courts often apply more liberal discovery rules in Title VII and other civil rights cases than in typical civil cases. Sweat, 708 F.2d at 658; see also Laufman v. Oakley Bldg. & Loan Co., 72 F.R.D. 116, 120 (S.D.Ohio 1976) (liberal discovery rationale found to support broad company-wide discovery to show pattern of discrimination under Titles VI and VIII even though no class claims).

Plaintiff in the case at bar brings common law contract and fraud causes of action under the court’s diversity jurisdiction and not any claims of employment discrimination under the civil rights laws. The claims stem from particular personnel actions taken with regard to the plaintiff individually. Plaintiff does not seek to bring this case as a class action, nor does the case involve the special concerns inherent in civil rights actions giving rise to greater liberality in discovery.

Further, plaintiff has cited no case support for his proposition that broader discovery would lead to the discovery of relevant evidence. Defendant has provided the names and employment status of individual bonus managers at the stores in the South-co region at which plaintiff worked. It is assumed that these individuals attended the corporate training sessions identified by plaintiff as setting forth company policy regarding the bonus plan. Therefore, they may be able to provide relevant information regarding both the defendant’s official policy and the means with which such policy was applied to the stores at which plaintiff worked.

Accordingly, the undersigned finds that the portion of Interrogatory 5 aimed at obtaining information concerning all bonus managers in the Southco division is overly broad. Plaintiff is entitled to discover information regarding those bonus managers in stores in which plaintiff worked.

With regard to the addresses and phone numbers of the individual employees which plaintiff seeks to discover, in accordance with the undersigned’s ruling above, plaintiff is not entitled to such information on a division-wide basis.

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Bluebook (online)
128 F.R.D. 290, 1989 U.S. Dist. LEXIS 16264, 1989 WL 139174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serina-v-albertsons-inc-flmd-1989.