Free Motion to Compel - District Court of Delaware - Delaware

Case 1:07-cv-00078-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
SAMI ALMAKHADHI,

Plaintiff,
v.

DELAWARE PARK LLC,
Defendant.

: : : : : : : :

No. 07-78-JJF

PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS I.
INTRODUCTION AND PROCEDURAL HISTORY On February 12, 2007, Plaintiff Sami Almakhadhi initiated this lawsuit pro se,

alleging, among other things, race and national origin discrimination by Defendant Delaware Park LLC ("Delaware Park"). On June 24, 2007, this Court entered a Scheduling Order. Relevant here, the Court ordered that written discovery "shall be commenced so as to be completed by October 31, 2007." The Court also set a dispositive motion deadline of November 27, 2007.
On September 4, 2007, Mr. Almakhadhi filed and served his First Request for

Production of Documents, First Request for Admissions, and First Set of Interrogatories. (See, collectively, Exhibit A.)
On September 12, 2007, undersigned counsel filed a Motion for Pro Hac Vice

appearance, which the Court granted on October 2, 2007.
On October 2, 2007, by and through counsel, Mr. Almakhadhi filed a Motion for

Leave to Amend his Pro Se Complaint. On October 22, 2007, Delaware Park filed its Partial

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Opposition to that Motion. On November 1, 2007, Mr. Almakhadhi filed his Reply. Mr. Almakhadhi's Motion for Leave to Amend is outstanding.
On October 4, 2007, Delaware Park served its responses and objections to

Mr. Almakhadhi's discovery requests, promising the later production of additional documents. (See, collectively, Exhibit B.) Because those responses were lacking, on October 18, 2007, the undersigned wrote to Delaware Park's counsel seeking clarification of Delaware Park's responses as well as additional responsive documents. (See Exhibit C.) On November 5, 2007, Delaware Park's counsel responded, but provided only a single additional document. (See Exhibit D.) Accordingly, because Delaware Park's responses remained deficient, on November 10, 2007, the undersigned again wrote to Delaware Park's counsel in a continuing good-faith effort to resolve the discovery dispute without the Court's intervention. (See Exhibit E.) Delaware Park has not yet responded to the November 10, 2007 letter.1
Because Delaware Park's improper and incomplete discovery responses have

prejudiced Mr. Almakhadhi's ability to prepare a dispositive motion, and because the Court's dispositive motion deadline is near, Mr. Almakhadhi now seeks an Order compelling Delaware Park to produce responsive discovery. Mr. Almakhadhi also requests that the Court provide him additional time after Delaware Park's production to consider, and if necessary prepare and file, a dispositive motion. Finally, Mr. Almakhadhi asks the Court to sanction Delaware Park for its willful failure to respond fully to Mr. Almakhadhi's discovery requests by awarding him $1,000 for the costs of preparing this Motion, as well as issuing any other sanction the Court deems appropriate.

1



Mr. Almakhadhi is aware of the holiday on November 12, 2007.

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II.

MR. ALMAKHADHI'S POSITION AND REASONING ON THE ISSUES Despite Mr. Almakhadhi's proper requests for discovery, Delaware Park has failed to

produce relevant documents and responses. Instead, Delaware Park has limited largely its responses to boiler-plate objections and produced (with minor exception) only documents that it submitted to the Delaware Department of Labor.2 These responses are not responsive to Mr. Almakhadhi's requests and make it impossible for him to file a dispositive motion-- apparently Delaware Park's intended effect.
By way of example, Delaware Park has failed and refused to produce documents

concerning Mr. Almakhadhi's worker's compensation claim and his FMLA status, other than those contained in Mr. Almakhadhi's personnel file. Delaware Park asserts that these topics are not "relevant to his present claims." As explained in the correspondence attached hereto, these topics are central to Mr. Almakhadhi's claims because Mr. Almakhadhi alleges, among other things, that Delaware Park obstructed and denied his worker's compensation claim, obfuscated the availability of light duty, and obfuscated his eligibility for leave time, as part of its discrimination and retaliation against him.

Delaware Park's production to date demonstrates its effort to withhold relevant

discovery. Based upon references contained in the documents Delaware Park has produced, there obviously are, for example and not by way of limitation, additional e-mails pertaining to Mr. Almakhadhi's discrimination claims; additional investigative files concerning Mr. Almakhadhi's numerous complaints of discrimination; additional documents concerning

In addition to a duplicate copy of the materials it produced to the Delaware Department of Labor, Delaware Park only produced Mr. Almakhadhi's personnel file, a handful of select e-mails taken from a larger context (and not including the complete e-mail chains), and a copy of portions of a collective bargaining agreement which Delaware Park had piecemeal produced to the Department of Labor.
2

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Mr. Almakhadhi's requests for FMLA leave; and additional documents concerning Delaware Park's obstruction and denial of Mr. Almakhadhi's worker's compensation claim. Indeed, Delaware Park has even refused and failed to produce documents that it promised to provide. (See Exhibit B.) III. CONCLUSION Wherefore, Mr. Almakhadhi respectfully requests that the Court compel Delaware Park to provide any information it has responsive to Mr. Almakhadhi's discovery requests; extend Mr. Almakhadhi's dispositive motion deadline until 30 days after Delaware Park's complete responses to his discovery requests; order Delaware Park to pay to Mr. Almakhadhi $1,000 for the costs associated with the filing of this Motion; and order any other sanctions the Court deems appropriate.

Respectfully submitted, /s/ Frank Conley Frank J. Conley, Esquire THE CONLEY FIRM 7715 Crittenden Street, Suite 113 Philadelphia, PA 19118 (215) 836-4789 [email protected] Glenn Brown, Esquire Bar No. 4669 Real World Law 916 N. Union St #2 Wilmington, DE 19805 (302) 225-8340 [email protected]

Date: 14 November 2007

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