BRADLEY S. BRESSER, Plaintiff,
TOTAL QUALITY LOGISTICS, INC., Defendant.
KAREN L. LITKOVITZ, Magistrate Judge.
This matter is before the Court following an informal telephonic discovery conference held on August 29, 2013.
Plaintiff, Bradley Bresser, brings this action against his former employer, Total Quality Logistics (TQL), alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. and Ohio state law. Plaintiff requested the conference to address several disputes regarding his discovery requests. As stated during the conference, the Court finds as follows:
1. Plaintiff seeks approximately ten (10) positive performance evaluations which were completed by TQL during his employment from 2005 to 2011. Defense counsel represents that in-house counsel for TQL has notified him that TQL is unable to locate the requested evaluations. TQL is ORDERED to provide a detailed explanation as to what steps were taken to locate the requested evaluations including, but not limited to, what steps were taken by in-house counsel to locate the documents; which individuals were questioned by defense and in-house counsel; and what sources were searched. TQL shall file this explanation on or before September 6, 2013.
2. Plaintiff seeks certain information regarding similarly situated TQL employees, specifically: (A) performance evaluations of plaintiff's peers, i.e., dispatchers/logistic support specialists, for the one-year time period leading up to his termination; (B) complaints made against plaintiff and his peers from August 2009 to July 2011 by brokers/logistic account executives; (C) information regarding the purported heightened auditing of plaintiffs work by TQL and information regarding heightened auditing of any of plaintiffs peers' work for the period of July 18, 2009 to July 18, 2011; and (D) the names of any dispatchers/logistic support specialists who were terminated by TQL for cause and the specific basis for their termination for the time period of August 1, 2007 through August 31, 2011. The undersigned finds that plaintiffs request as to items (A), (B), and (D) are reasonably limited in scope and time and are likely to lead to the discovery of admissible evidence and, consequently, TQL is ORDERED to tender documents and responses to these requests on or before September 6, 2013. Regarding item (C), plaintiffs request for information as to TQL's auditing of his own performance is discoverable and TQL is ORDERED to provide responses to plaintiffs request on or before September 6, 2013. As to plaintiffs request for audits of similarly situated employees, it is unclear that the benefit to plaintiff of receiving this information outweighs the burden to TQL of producing it. See Fed.R.Civ.P. 26(b)(2)(C). Consequently, the Court cannot conclude at this time that plaintiff is entitled to this information without further briefing by the parties.
3. Plaintiff seeks email communications from the year 2008 between plaintiff and his supervisor, a former TQL employee, regarding plaintiffs disability. Defense counsel represents that TQL is no longer in possession of any responsive electronically stored information. TQL is ORDERED to provide a detailed explanation as to what efforts have been made to retain and locate the requested emails; what methods would be necessary to locate the emails; the cost of locating the emails; and TQL's policies regarding retention of emails and electronic data. TQL ...