Monge v. Everwell Home Health Care LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Alexis Monge,
Plaintiff,
v.
Everwell Home Health Care LLC, et al.,
Defendants.
No. CV-24-03007-PHX-KML
ORDER
Plaintiff Alexis Monge filed a statement of discovery dispute. (Doc. 56.) That
statement includes evidence that defendant Shanea Howell refused to participate in the
drafting of the joint statement. Because of that refusal, the court resolves the dispute
without the benefit of hearing from Howell.
The discovery requests sent to Howell involve issues that are central to Monge
proving her claims and are appropriate. For example, Howell may be personally liable for
unpaid wages if she had “control over the nature and structure of the employment
relationship, or economic control over the relationship.” Boucher v. Shaw, 572 F.3d 1087,
1091 (9th Cir. 2009) (simplified). One of Monge’s requests for admission seeks to establish
the extent of Howell’s control by asking whether Howell “had the authority to set and
control work schedules.” (Doc. 56-3 at 12.) Howell responded to that request with
irrelevant statements regarding her attempt to pay Monge. (Doc. 56-3 at 16.) Howell’s
responses are impermissible.
Howell is given a brief extension to provide complete and accurate responses to the
Case 2:24-cv-03007-KML Document 57 Filed 10/28/25 Page 1 of 2

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discovery requests. Howell is warned that failure to comply with this order may result in
the striking of her answer and the entry of default judgment against her.
Accordingly,
IT IS ORDERED no later than November 10, 2025, defendant Shanea Howell
shall provide complete and accurate responses to the discovery requests attached to Doc.
56.
Dated this 28th day of October, 2025.
Case 2:24-cv-03007-KML Document 57 Filed 10/28/25 Page 2 of 2