In an Atlanta employment case, both the plaintiff and the defendant have certain responsibilities. One of the plaintiff’s responsibilities is to answer, as fully, thoroughly, and honestly as possible, any legitimate requests for discovery promulgated by the defendant. This typically includes the names of potential witnesses, a description of the damages claimed by the plaintiff, and factual information such as the plaintiff’s employment history.
While defendant employers do sometimes ask for more information than they are entitled to, it is the court’s job to “reign them in,” so to speak, if and when the plaintiff files an objection. If an objection is not timely made, the plaintiff will likely be compelled to answer the requests, even if they are arguably overbroad. Lawsuits in federal court are placed on a fairly rigid pre-trial discovery deadline, and failure to provide appropriate responses within the time ordered by the court can, ultimately, cause the plaintiff’s case to be dismissed and his or her legal rights to be forfeited.
Facts of the Case
In a recent case filed in the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff was a former employee of the defendant city. After the plaintiff filed a lawsuit seeking to assert certain employment law claims, the defendant served interrogatories and requests for production of documents on the plaintiff. The plaintiff allegedly failed to answer these discovery requests in a timely and/or thorough manner despite multiple requests by the defendants that she do so, and the defendants filed a motion to compel. The motion was withdrawn, and an amended scheduling order was entering giving the plaintiff additional time in which to respond. After the new deadline had come and went, the defendant was granted permission to refile its motion to compel.