Free Motion to Dismiss Counts/Claims - District Court of Arizona - Arizona

A K I N G U M P .
STRAUSS HAUER & FELDLLP
Attorneys at Law
srizpi-iANiE K. osrisizu
214.969.4225lfax: 214.969.4343
[email protected]
December l, 2005
VIA FACSIMILE (602) 322-7589
Honorable Mary H. Murguia
United States District Court
Sandra Day O’Connor U.S. Courthouse
Suite 525
401 West Washington Street, SPC 525
Phoenix,AZ 85003-2154
Re: Patrice Jerome v. Midway Holdings, Inc. et al., CIV 03-563-PHX-EHC
Dear Hon. Murguia:
In this discrimination and harassment case, Defendants Midway Holdings, Inc. and
Midway Chevrolet, Inc. submit this letter to seek the Court’s assistance in a discovery dispute
that they have been unable to resolve with Plaintiff Defendants’ counsel has sent four letters to
Plaintiff’s counsel, beginning in August 2005, copies of which are included with this letter.
Counsel for the parties also have spoken in person about the issues described below. Despite ‘
repeated promises that Plaintiff would send Defendants the requested discovery, nothing has
been received as ofthe date of this letter. _
On September 15, 2004, Defendants served their first discovery requests on Plaintiff
Among other things, Defendants requested: (1) calculations related to Plaintiff’s claim for back
pay and compensatory damages; (2) information related to Plaintiff’s efforts to secure ‘
subsequent employment; and (3) documents supporting this information. Plaintiff responded on
November 2, 2004. In Plaintiff’s deposition on July 27, 2005, Plaintiff testified that she had pay
records relating to her subsequent employment with three different employers, but had not
produced such documents. Further, Plaintiff has not supplemented her damages calculations
contained in her responses to these first discovery requests since November 2, 2004, nor has she
supplemented her damages calculations in her Rule 26(a) Disclosures served on April 8, 2005.
The Court’s April 29, 2005 Rule 16 Scheduling Order requires the parties to supplement
disclosures and discovery responses as required by Fed. R. Civ. P. 26(e). Plaintiff is ignoring
both the Court’s Order and the requirements of the Federal Rules. Defendants request that
Plaintiff be ordered to supplement her discovery requests by producing any responsive
documents (including the pay stubs) and by supplementing her damages calculations. -
s EXHIBIT
g.
r A7;
1700 Pacific Avenue, Suite 4100 / Dallas, Texas 75201-4675 / 2149692800 / fax: Z14969.4343 / akingump.com
Case 2:03-cv-01913—IVIHI\/I Document 55-12 Filed 12/30/2005 Page 1 of 1

Case 2:03-cv-01913-MHM

Document 55-12

Filed 12/30/2005

Page 1 of 1