Magistrate Judge David Peebles
Plaintiff professor charged Ithaca College with employment discrimination and contract breach after it denied her tenure and fired her. At a conference, plaintiff’s counsel stated that responses to Ithaca’s request for production seeking (1) medical records, and (2) signed authorizations therefor, associated with any treatment for mental anguish and emotional distress from the beginning of plaintiff’s employment, as well as (3) documentation of plaintiff’s income after termination would be provided by April 27. Ithaca received a response on June 22, lacking documents answering its three requests. Despite later confirming production—mooting an order under Federal Rule of Civil Procedure 37(a) compelling discovery—Ithaca sought recovery of its expenses incurred in making its motion. Considering the three exceptions to Rule 37′s attorney fee requirement, the court awarded Ithaca the reasonable expenses incurred in its motion. The three requests for production were extremely limited, and compliance with them did not impose an undue burden on plaintiff. Further, plaintiff offered no justification for her delay in making the requested disclosure, nor were there circumstances rendering an award of expenses unjust.