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Schwartz v. Morgan Stanley DW

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


June 22, 2009

CHANA SCHWARTZ, PLAINTIFF,
v.
MORGAN STANLEY DW, INC., DEFENDANT.

The opinion of the court was delivered by: Ronald L. Ellis, United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

Following a conference with the Court on June 18, 2009, and having considered the written submissions of the Parties,

IT IS HEREBY ORDERED that Plaintiff Schwartz's Motion to Compel Defendant Morgan Stanley to produce certain discovery (Doc. No. 36) is DENIED.

The Court finds that the vast majority of Schwartz's interrogatories and formal and informal document requests are overly broad and irrelevant to the discrimination and retaliation claims and defenses asserted in the instant litigation. Schwartz has failed to demonstrate which other employees are similarly situated to her such that discovery concerning those individuals would be relevant, but has sought broad discovery of other employees. Further, Schwartz's discovery requests are not appropriately limited in temporal or geographic scope. This general finding notwithstanding, the Court finds that Schwartz's First Document Request, Request No. 9, as limited by the temporal scope proposed by Defendant and limited to the branch where Schwartz was employed is discoverable. Secondly, Schwartz's Second Document Request, Request No. 6, seeks a category of documents that the Court finds is discoverable. According to Defendant's opposition papers, it has apparently agreed to production, to the extent that any such document exists.

IT IS FURTHER ORDERED that the Parties comply with the following amended deadlines:

1) Expert discovery shall conclude on or before July 31, 2009.

2) The Joint Final Pretrial Order shall be filed on or before August 31, 2009.

SO ORDERED.

20090622

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