Cunningham et al v. Fulton County, Georgia et al

RESPONSE re Notice to Take Deposition of County's Representatives re: FRCP 30

N.D. Ga.June 7, 2018

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION TRACEY CUNNINGHAM, et al., ) ) Plaintiffs, ) ) Civil Action No. FULTON COUNTY, ) 1:16-CV-00533-MLB ) Defendant. ) DEFEDNANT’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ AMENDED NOTICE OF DEPOSITION UNDER RULE 30(b)(6) Pursuant to Fed. R. Civ. P. 30(b)(6), Defendant Fulton County (the “County” or “Defendant”), by and through its undersigned counsel, hereby objects and responds to the Plaintiffs’ Amended Fed. R. Civ. P. 30(b)(6) Notice of Deposition (“Plaintiffs’ Notice”) served on May 24, 20181 as follows: GENERAL OBJECTIONS Each of the responses to the individual topics below incorporates without further reference each of the following general objections. Defendant reserves its right to object to specific questions during the deposition on any and all grounds. 1 On May 21, 2018, Plaintiffs’ Counsel served Defendant’s counsel the Notice To Take Deposition of Deponents (Designated by Defendant) for May 28, 2018 (Doc. 78). After the parties’ discussions of deposition availability, the parties agreed to June 14, 2018 as the date of Defendant’s Fed. R. Civ. P. 30(b)(6) deposition. While Plaintiff’s counsel sent an Amended Notice to Take Deposition of Deponents (Designated by Defendant) (“Amended Notice”) by email on May 24, 2018, Plaintiff’s counsel has not formally served Defendant’s counsel with an Amended Notice. However, Defendant has agreed to make its designees available for deposition on June 14, 2018. Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 1 of 9 2 1. Defendant objects to the topics set forth in Plaintiffs’ Notice to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation. 2. Defendant objects to the topics set forth in Plaintiff’s Notice to the extent that they are inconsistent with or purport to impose obligations broader in scope than those imposed by the Federal Rules of Civil Procedure or Local Rules, and Defendant expressly disclaims any obligation to provide any discovery beyond that required by such rules. 3. Defendant objects to the topics set forth in Plaintiffs’ Notice to the extent they are vague and ambiguous and requires Defendant to interpret its own meaning as to what the topics are about. 4. Defendant objects to the topics set forth in Plaintiffs’ Notice to the extent that they seek discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case. 5. Defendant objects to the topics set forth in Plaintiffs’ Notice to the extent that they call for testimony as to information that is not reasonably known or available to Defendant in general, but also specifically relating to policies referred to as “unwritten.” Any discovery provided in response shall not Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 2 of 9 3 constitute Defendant’s agreement with or acquiescence to any such description or fact. 6. Defendant objects to the topics set forth in Plaintiffs’ Notice to the extent that the topics contain inaccurate, incomplete or misleading descriptions of the facts, events and/or pleadings underlying this action or assume facts not in evidence. Any discovery provided in response shall not constitute Defendant’s agreement with or acquiescence to any such description or facts. 7. Defendant objects to Plaintiffs’ Notice on the grounds that the notice topics are overly broad, unduly burdensome and not proportional to the needs of the case. To properly prepare for the deposition, Defendant would have to invest an amount of time and money disproportionate to the needs of the case. OBJECTIONS AND RESPONSES TO DEPOSITION TOPICS TOPIC NO. 1: Fulton County Policies, both written and unwritten relating to Sheriff’s Department employees compensation. OBJECTION TO TOPIC NO. 1: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; is vague and ambiguous; seeks discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case; calls for testimony as to information that is not reasonably known or Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 3 of 9 4 available to Defendant; contains inaccurate, incomplete or misleading descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. TOPIC NO. 2: Policies, both written and unwritten, by Fulton County and Fulton County Sheriff’s Office on the— (a) Vacation policies as to Fulton County deputies and employees of the Fulton County Sheriff’s Officer to include, how vacation pay is required or earned, how vacation pay is allowed to be used, how vacation is allowed to accumulate and the maximum number of hours that can be accumulated. How vacation pay is rolled over into sick leave. (b) Testify about the written and unwritten policies on how Sheriff’s Department deputies or employees earn or compensated for holiday pay, to include how holiday pay is acquired, how the deputies are allowed to use it and the maximum number of hours that can be accumulated of holiday pay. OBJECTION TO TOPIC NO. 2: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; calls for testimony as to information that is not reasonably known or available to Defendant; contains inaccurate, incomplete or misleading Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 4 of 9 5 descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. TOPIC NO. 3: To testify to the policy, both written and unwritten, on how Sheriff’s Department deputies and/or other Sheriff’s Department employees— (a) Acquire sick leave (b) When and how deputies or employees are allowed to take their sick leave with them when they leave the services of the County. (c) What happens to the sick leave that is forfeited when an employee leaves the County. OBJECTION TO TOPIC NO. 3: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; seeks discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case; calls for testimony as to information that is not reasonably known or available to Defendant; contains inaccurate, incomplete or misleading descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 5 of 9 6 TOPIC NO. 4: To testify to the policy, both written and unwritten, as to how Sheriff’s Department deputies or employees are required to use comp time rather than their vacation or holiday pay. OBJECTION TO TOPIC NO. 4: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; seeks discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case; calls for testimony as to information that is not reasonably known or available to Defendant; contains inaccurate, incomplete or misleading descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. TOPIC NO. 5: To testify to the written and/or unwritten policies specifying the procedures for which Sheriff’s deputies or Sheriff’s department personnel apply for holiday pay, vacation pay or other benefits and how they are charged for said time off. OBJECTION TO TOPIC NO. 5: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; seeks discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case; calls for testimony as Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 6 of 9 7 to information that is not reasonably known or available to Defendant; contains inaccurate, incomplete or misleading descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. TOPIC NO. 6: To testify to the policies, both written and unwritten, whereby supervisors or administrative personnel change the leave request so that employees are charged comp time rather than vacation or holiday pay. OBJECTION TO TOPIC NO. 6: Defendant objects to this topic to the extent that it seeks information without regard to time period or scope relevant to the issues in dispute in this litigation; is vague and ambiguous; seeks discovery that is not reasonably relevant to any issue in this litigation and not proportional to the needs of the case; calls for testimony as to information that is not reasonably known or available to Defendant; contains inaccurate, incomplete or misleading descriptions of the facts underlying this action or assume facts not in evidence; and is overly broad, unduly burdensome and not proportional to the needs of the case. Defendant has determined that the following two deponents will testify to the following topics, subject to Defendant’s objections: (1) Kenneth Hermon, Chief Human Resources Officer of Fulton County, will testify to Topic Nos. 1-6 and (2) Major Curtis Clark (Sheriff’s Representative) will testify to Topic No. 2. Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 7 of 9 8 Respectfully submitted, this 7th day of June, 2018. /s/ Raquel H. Crump Ernest L. Greer Georgia Bar No. 309180 GreerE@gtlaw.com Natasha L. Wilson Georgia Bar No. 371233 WilsonN@gtlaw.com Janna Nugent Georgia Bar No. 940465 NugentJ@gtlaw.com Sumaya S. Ellard Georgia Bar No. 706569 EllardS@gtlaw.com Mellori E. Lumpkin Georgia Bar No. 358937 LumpkinM@gtlaw.com Greenberg Traurig, LLP Terminus 200, Suite 2500 3333 Piedmont Road, NE Atlanta, GA 30305 Tel: (678) 553-2182; Fax: (678) 553-2183 Jamala S. McFadden Georgia Bar No. 490959 jmcfadden@theemploymentlawsolution.com Carmen Alexander Georgia Bar No. 008801 calexander@theemploymentlawsolution.com Raquel H. Crump Georgia Bar No. 348548 rcrump@theemploymentlawsolution.com The Employment Law Solution: McFadden Davis, LLC Cumberland Center II, 3100 Cumberland Blvd., SE, Suite 1480 Atlanta, GA 30339 Telephone: (678) 831-5373; Fax: (404) 795-1070 Attorneys for Defendants Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 8 of 9 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION TRACEY CUNNINGHAM, et al., ) ) Plaintiffs, ) ) Civil Action No. FULTON COUNTY, ) 1:16-CV-00533-MLB ) Defendant. ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on the 7th day of June, 2018, I electronically filed the foregoing DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ AMENDED NOTICE OF DEPOSITION UNDER RULE 30(b)(6) with the Clerk of Court using the CM/ECF system, which will automatically generate notice of filing and constitute service upon the following counsel of record: Clifford H. Hardwick, Roswell Professional Park, 11205 Alpharetta Highway, Suite E-1, Roswell, GA 30076. /s/ Raquel H. Crump Raquel H. Crump Ga. Bar No. 348548 rcrump@theemploymentlawsolution.com The Employment Law Solution: McFadden Davis, LLC Cumberland Center II, 3100 Cumberland Blvd., SE, Suite 1480 Atlanta, GA 30339 Telephone: (678) 831-5373; Facsimile: (404) 795-1070 Case 1:16-cv-00533-MLB Document 86 Filed 06/07/18 Page 9 of 9