United States District Court, E.D. Tennessee, Chattanooga
BERLINDA A. MADDEN, Plaintiff,
MEGAN J. BRENNAN, Postmaster General, United States Postal Service, et al ., Defendants.
K. LEE, UNITED STATES MAGISTRATE JUDGE.
the Court are three motions: (1) Defendant Megan J.
Brennan's motion to compel and supporting memorandum
[Docs. 73 & 74], with Plaintiff Berlinda Madden's
response [Doc. 83]; (2) Plaintiff's motion for an order
of protection [Doc. 78], with Defendant's response ;
and (3) Plaintiff's motion to compel [Doc. 79], with
Defendant's response [Doc. 85]. The Court held a hearing
on these motions on January 19, 2018. These matters are now
Defendant's Motion to Compel
her motion to compel, Defendant asks the Court to order
Plaintiff to produce “any notes that Plaintiff
consulted during her deposition on November 17, 2017, along
with any other discoverable notes in her possession, ”
in response to two of Defendant's requests for
5. Any and all documents which evidence, relate or otherwise
pertain to notes or other writings made by you that relate in
any manner to your employment with United States Postal
Service (“USPS”) since 2009 or relate to any
matters encompassed by the Complaint, Amended Complaint,
and/or other pleadings in this case 6. Any and all diaries
and/or business or personal calendars and/or journals and/or
appointment books or the like kept or possessed or maintained
by, or on behalf of you for the period January 1, 2009 to the
[Doc. 74 at Page ID # 362-63]. In the alternative, Defendant
asks that Plaintiff be ordered to confirm in writing that all
discoverable notes in her possession have been produced. The
motion explains that Plaintiff referenced notes multiple
times during her November 17, 2017, deposition. Defendant
argues that the notes are relevant to the requests for
production quoted above, and that the burden on Plaintiff to
copy the notes and provide them to Defendant is low.
to the hearing, Plaintiff produced only a photograph of a
single page of notes. During a break in the hearing,
Plaintiff produced additional pages of notes and Defendant
received copies of these notes. Plaintiff further represented
that she had no other discoverable notes in her possession.
Plaintiff produced the additional notes during the hearing,
and represented that she had no other discoverable notes, and
for the reasons further explained during the hearing, the
Court finds that Defendant's motion to compel is now
moot. Accordingly, Defendant's motion to compel [Doc. 73]
is DENIED as MOOT.
Plaintiff's Motion for an Order of Protection
her motion for an order of protection, Plaintiff asks the
Court to “protect” her witness, JR Takacs, due to
the fact that attorneys for Defendant allegedly appeared at
Mr. Takacs's workplace on December 11 or 12, 2017, and
“each took [turns] drilling and intimidated him for
about (4) four hours.” [Doc. 78 at Page ID # 409].
response, Defendant claims the meeting was 45 minutes long,
and occurred during Mr. Takacs's normal work hours at
Defendant's Chattanooga P&DC facility, where Mr.
Takacs works. Defendant's lead counsel, AUSA Leah
McClanahan, and the Civil Chief for the U.S. Attorney's
Office in the Eastern District of Tennessee., AUSA Loretta
Harber, were present for the meeting.
Defendant points out, Defendant is entitled to meet with an
unrepresented witness to discuss the facts of the case.
Defendant met with Mr. Takacs to discuss a declaration he
signed in April 2017. Plaintiff has not shown good cause for
a protective order and for the reasons stated more fully
during the hearing, Plaintiff's motion for an order of
protection [Doc. 78] is DENIED.
Plaintiff's Motion to Compel
her motion to compel, Plaintiff seeks a copy of the
transcript of her deposition as well as copies of any
documents shown to her by Defendant during her deposition.
She argues that Defendant “has continuously and
repeatedly referred the Plaintiff to the Government
Stenographer” to get a copy of the record of
Plaintiff's deposition, but that it is Defendant's
duty to “provide to the Plaintiff's a ...