1:18-cv-00260•Equal Employment Opportunity Commission v. East 40, Inc.
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Equal Employment Opportunity ) Commission, ) ) Plaintiff, ) ORDER ) and ) ) Erica Davidson, ) ) Plaintiff-Intervenor, ) vs. ) ) East 40, Inc., d/b/a 40 Steak & Seafood, ) Case No. 1:18-cv-260 ) Defendant. ) ______________________________________________________________________________ Plaintiff Equal Employment Opportunity Commission (“EEOC”) served defendant with Requests for Production of Documents pursuant to Fed. R. Civ. P. 26 and 34. In Request # 17 it asked for “[a]ll financial statements for defendant for the period of January 2013 through present.” (Doc. No. 34-1). East 40 objected to Request # 17 on ground of relevancy. (Id.). On March 6, 2020, EEOC filed a motion to compel the production of the documents listed in Request #17. (Doc. No. 33). It asserted that discovery of these documents is permissible and relevant in determining whether and to what extent punitive damages are appropriate. See U.S. v. Big D Enterprises, Inc., 184 F.3d 924, 932 (8th Cir 1999); 8th C. Pat. Civ. Jur. Instr. 5.72; see also N. Dakota Fair Hous. Council, Inc. v. Allen, 298 F. Supp. 2d 897, 899 (D.N.D. 2004). On March 20, 2020, defendant filed a response to EEOC’s motion in which it advised that is withdrawing its objection to Request #17 and will provide EEOC with the requested documents with the understanding that they will be kept confidential. 1 Case 1:18-cv-00260-DMT-CRH Document 38 Filed 03/30/20 Page 1 of 2
Given that defendant has withdrawn its objections to Request #17 and is providing the documents as requested, EEOC’s motion (Doc. No. 32) is deemed MOOT. IT IS SO ORDERED. Dated this 30th day of March, 2020. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court 2 Case 1:18-cv-00260-DMT-CRH Document 38 Filed 03/30/20 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.