By: Daily Record Staff//April 24, 2013
By: Daily Record Staff//April 24, 2013//
U.S. District Court, WDNY
Motion to Compel Discovery
Additional Opportunity to Comply — Prior Attempts to Comply
Pinkard v. Baldwin Richardson Foods Co. Inc.
Background: The pro se plaintiff commenced an action against his former employer alleging he was discriminated against on the basis of his race. The plaintiff moved the court to compel the production of personnel files of certain employees of the defendant. Also, the defendant sought an order compelling the plaintiff to produce his income tax returns, a written response to its document requests, documents relating to alternative employment, documents relating to his claim for damages, and to identify all medical providers not previously identified.
Ruling: The District Court granted in part and denied in part. With respect to the plaintiff’s motion, the court had previously directed the defendant to review the personnel files and provide any relevant information. The court found that with some of the requested personnel files, the defendant needed to conduct further review. The court also found that the plaintiff named individuals that did not exist. With respect to the defendant’s motion, the court noted the plaintiff’s pro se status and his attempts to comply with discovery requests. The court gave him an additional opportunity to comply.
Alvin R. Pinkard pro se; Stephanie M. Caffera of Nixon Peabody for the defendant