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Lee Mays and James Mcclenic v. Town of Hempstead and Town of

September 15, 2011

LEE MAYS AND JAMES MCCLENIC, PLAINTIFFS,
v.
TOWN OF HEMPSTEAD AND TOWN OF HEMPSTEAD DEPARTMENT OF SANITATION, DEFENDANTS.



The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge:

I. PRELIMINARY STATEMENT

ORDER

Plaintiffs Lee Mays and James McClenic brought this action against the Town of Hempstead ("Town") and the Town of Hempstead Department of Sanitation ("Sanitation Department") to redress alleged violations of their civil rights pursuant to 42 U.S.C. §§ 1981 and 1983. Presently before the Court is Plaintiffs' motion to compel Defendants to respond to their second set of requests for documents. See DE 15. Defendants oppose this motion arguing primarily that the requests are overbroad and irrelevant to the claims in this action. See DE 16. For the reasons set forth below, Plaintiffs' motion is GRANTED, subject to the limitations contained in this Order.

II. BACKGROUND

On December 30, 2010, Plaintiffs served their first set of interrogatories and requests for documents. After receiving an extension by this Court, Defendants served responses to Plaintiffs' requests on March 17, 2011. Then, on July 27, 2011, Plaintiffs served their second set of requests for documents, which consisted of the following two document demands:

1. Provide true and accurate copies of any and all documents, correspondence, logs, entries, journal, files, memoranda, etc., regarding complaints of discrimination and/or harassment by employees, agents, and representatives of the TOWN OF HEMPSTEAD, their representatives, employees, and agents, from 2000 to the present, including all lawsuits filed against the TOWN OF HEMPSTEAD, as well as any complaints and administrative actions filed against the TOWN OF HEMPSTEAD with the Equal Employment Opportunity Commission, State Division of Human Rights, and Nassau County Commission on Human Rights from 2000 to the present;

2. Provide true and accurate copies of any and all documents, correspondence, logs, entries, journal, files, memoranda, etc., regarding complaints/charges of discrimination and/or harassment by employees, agents, representatives and/or assigns of the TOWN OF HEMPSTEAD, their representatives, employees and agents, for the following individuals/complainants as set forth in Plaintiffs' Complaint:

(a) Laura Gwendolyn Jackson

(b) John L. Jund ( c) Dorothy Goosby

(d) San Salvadore Bloomfield

(e) Johnnie E. Holley

After comparing these document requests to Plaintiffs' first set of requests, the Court notes that Demand Nos. 10 and 12 from Plaintiffs' first set are almost identical to the two requests now sought. In fact, the only difference appears to be that the second set of document requests are tailored solely to the Town, while the first set was directed towards the Town, Sanitation Department and Highway Department. The Court is at a loss as to why Plaintiffs, instead of seeking court intervention after receiving Defendants' responses on March 17, 2011, decided to serve identical requests on the Town more than four months later. Notwithstanding this course of action, the Court will address the substance of Plaintiffs' motion.

III. STANDARD OF REVIEW

Federal Rule 26(b) describes the scope of, and limitations on, discovery ...


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