This quarter, Magistrate Judge Marian W. Payson examined the full spectrum of discovery devices, including requests for production, depositions, and requests for authorizations for multiple types of records, and also requests to admit in deciding motions by defendants to compel discovery and further responses from pro se plaintiffs in two cases decided the same day. Both sets of motions also sought sanctions. Although the decisions were issued in two distinct cases, the underlying fact patterns in both cases are substantially the same: a pro se plaintiff alleged racial discrimination in the workplace against his former employer.

Throughout these opinions, practitioners can glean several “takeaways” for guidance in the discovery process in general and before filing motions concerning allegedly deficient responses. While recognizing every case is fact specific, the facts in these cases illustrate some takeaways that are helpful to both well-seasoned and newly-minted attorneys alike.

Background