Victoria Sethunya v. College of Western Idaho; Alyson Tolman; Jac Webb; and Heather Cerovski

District Court, D. Idaho·Decided October 21, 2025·No. 1:24-cv-00007·Unknown

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

VICTORIA SETHUNYA, Case No. 1:24-cv-00007-AKB Plaintiffs, MEMORANDUM DECISION AND v. ORDER ON PENDING MOTIONS

COLLEGE OF WESTERN IDAHO; ALYSON TOLMAN; JAC WEBB; and HEATHER CEROVSKI,

Defendants.

Pending before the Court are the following motions: Plaintiff’s First Motion for Summary Judgment re: Failure to Accommodate & Retaliation (Dkt. 63); Plaintiff’s Second Motion for Summary Judgment re: Constructive Termination (Dkt. 70); Plaintiff’s Motion to Compel Production re: Email Metadata (Dkt. 76); Plaintiff’s Motion to Seal or Strike Exhibit A (Dkt. 79); Plaintiff’s Motion to Redact Confidential Personal History in Exhibit C (Dkt. 83); Defendants’ Motion for Rule 11 Sanctions (Dkt. 97); Defendants’ Motion to Compel and Rule 37 Sanctions (Dkt. 98); Plaintiff’s Emergency Motion for Protective Order (Dkt. 110); and Defendants’ Motion for Rule 35 Examination of Plaintiff (Dkt. 112). The Court held an omnibus hearing on all pending motions on October 16, 2025, and issued rulings on all the pending motions from the bench. This written decision memorializes the Court’s oral rulings. BACKGROUND Plaintiff, Victoria Sethunya, is proceeding pro se in this case against Defendants College of Western Idaho (CWI), Alyson Tolman, Jac Webb, and Heather Cerovski. In about November 2020, CWI hired Plaintiff for a teaching position, and in October 2021, she notified Defendants that she suffered from post-traumatic stress disorder (PTSD) and requested reasonable accommodation. In January 2024, Plaintiff filed this action alleging numerous claims for relief (Dkt. 1). In May 2025, she amended her complaint, which alleges claims under the Americans

with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, for failure to accommodate, retaliation, and a hostile work environment; claims for negligent and intentional infliction of emotional distress under Idaho common law; and a claim for alleged “spiritual and cultural harm” (Dkt. 57 at § 6, ¶¶ 30-52). Since filing her amended complaint, Plaintiff has filed a plethora of motions, including two summary judgment motions, and she has been embroiled in numerous discovery disputes with Defendants resulting in various discovery motions. LEGAL STANDARDS A. Summary Judgment Summary judgment is proper when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A material fact is one

that may affect the outcome under governing law; a dispute is genuine if a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The moving party has the responsibility of identifying portions of the record demonstrating the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party does so, the opposing party must then designate specific facts, supported by admissible evidence, showing that a genuine dispute exists for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Arguments, assertions, and unsupported allegations are not evidence. Fed. R. Civ. P. 56(c)(1). Affidavits or declarations must be made on personal knowledge, set forth admissible facts, and show that the affiant is competent to testify. Fed. R. Civ. P. 56(c)(4). The Court may only consider facts supported by admissible evidence. See Orr v. Bank of Am., NT & SA, 285 F.3d

764, 773 (9th Cir. 2002). The District of Idaho’s local rules reinforce these principles. A party moving for or opposing summary judgment must submit both a memorandum and a statement of disputed facts, each with pinpoint citations to the record. Dist. Idaho Loc. Civ. R. 7.1. The Court does not automatically deem unopposed factual assertions admitted; rather, it independently evaluates whether the movant’s evidence establishes the absence of a genuine dispute and supports judgment as a matter of law. Dist. Idaho Loc. Civ. R. 7.1(e)(2) (citing Fed. R. Civ. P. 56 and Loc. Civ. R. 7.1(b)(1) and (c)(2)). Because Plaintiff is proceeding pro se, the Court construes her filings liberally and holds her to less stringent standards than those drafted by lawyers. Erickson v. Pardus, 551 U.S. 89, 94

(2007); Thomas v. Ponder, 611 F.3d 1144, 1150 (9th Cir. 2010). Nevertheless, pro se litigants, such as Plaintiff, must still follow the same substantive and procedural rules as other litigants. Haines v. Kerner, 404 U.S. 519, 520 (1972); Jackson v. Carey, 353 F.3d 750, 757 (9th Cir. 2003). In the context of Rule 56, “an ordinary pro se litigant, like other litigants, must comply strictly with the summary judgment rules.” Thomas, 611 F.3d at 1150. Courts are not required to accept conclusory allegations, unwarranted deductions of fact, or unreasonable inferences. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). B. Discovery Rule 26(b)(1) of the Federal Rules of Civil Procedure governs the scope of discovery. It provides that: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

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Victoria Sethunya v. College of Western Idaho; Alyson Tolman; Jac Webb; and Heather Cerovski, (D. Idaho 2025).

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