Opinion
Civil 1:22-CV-01254-DAE
01-23-2024
ALICIA MARTINEZ, Plaintiff v. CAVCO INDUSTRIES, INC., Defendant
ORDER
SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE
Now before the Court are Plaintiff's Motion to Compel, filed December 15, 2023 (Dkt. 25), and Defendant's Response in Opposition to Plaintiff's Motion to Compel, filed December 22, 2023 (Dkt. 27). By Text Order issued December 18, 2023, the Honorable David A. Ezra referred the motion to this Magistrate Judge for resolution, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas.
On January 23, 2024, the Court held a hearing on Plaintiff's Motion to Compel at which both parties were represented by counsel. For the reasons stated during the hearing, the Court GRANTS IN PART and DISMISSES IN PART Plaintiff's Motion to Compel (Dkt. 25) and issues this Order as to Plaintiff's Requests for Production of Documents to Defendant Cavco Industries, Inc. (Dkt. 27-1): Reque
sts foruction Disposiion Amendment
Requests for Production
Disposition
Amendment
3 and 28
Dismissed as moot
16
Granted
“All documents prepared or executed by a supervisor, agent, or other representative of the Defendant which concern, describe, refer or relate in any manner whatsoever to Plaintiff's (a) pattern of attendance, (b) claimed disability, or (c) termination.”
Requests for Production
Disposition
Amendment
21
Withdrawn
22 through 25
Dismissed as moot
26
Granted
29
Dismissed as moot
31
Granted
Limited to the five employees identified by Plaintiff's counsel during the hearing on Plaintiff's Motion to Compel.
32
Granted
“Andrew Marciel” deleted.
Defendant is ORDERED to submit amended responses to Plaintiff's Requests for Production Nos. 16, 26, 31, and 32, as amended above, and to produce all documents responsive to those requests within its possession, custody, or control by February 16, 2024.
It is ORDERED that the Clerk REMOVE this case from this Magistrate Judge's docket and RETURN it to the docket of the Honorable David A. Ezra.