Belcastro v. United Airlines, Inc. et al

MOTION

N.D. Ill.August 7, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHRISTOPHER N. BELCASTRO, Plaintiff, v. UNITED AIRLINES, INC., a Delaware corporation, and JAMES SIMONS, Defendants. No. 17 cv 01682 Judge Andrea R. Wood Magistrate Judge Jeffrey Cummings DEFENDANTS’ MOTION TO COMPEL DISCOVERY RESPONSES Defendant United Airlines, Inc. (“United”) and Defendant James Simons (“Simons”) (collectively, “Defendants”), by and through their attorneys, Littler Mendelson, P.C., hereby move to compel Plaintiff, Christopher N. Belcastro (“Plaintiff”) to provide full and complete responses to Defendants’ discovery requests as described below and set forth more fully in Defendants’ contemporaneously-filed Memorandum of Law in Support of Their Motion to Compel Discovery Responses: 1. Pursuant to Federal Rule of Civil Procedure 37, a party may move for an order compelling discovery where the other party’s responses are inadequate. 2. Plaintiff’s discovery responses are incomplete and inadequate in that Plaintiff has not described what information he has withheld on the basis of his objections nor provided a certification of completeness, Plaintiff has withheld responsive post-resignation communications and social media discovery, and Plaintiff has not timely responded to Defendants’ Second Set of Interrogatories and Second Set of Requests for Production of Documents. 3. Pursuant to Federal Rule of Civil Procedure 37(a)(1), Local Rule 37.2, and this Court’s case procedures, Defendants attempted to meet and confer with Plaintiff, including during Case: 1:17-cv-01682 Document #: 126 Filed: 08/07/19 Page 1 of 4 PageID #:1883 -2- a telephonic conference between the Parties on July 11, 2019, July 25, 2019 and July 30, 2019 before filing this Motion, but the Parties could not resolve the issues presented in Defendants’ Motion. 4. Pursuant to Federal Rule of Civil Procedure 37(a)(5)(A), Defendants are entitled to their reasonable expenses incurred in bringing this motion. . 5. Facts, arguments, and legal authority in support of Defendants’ Motion are contained in Defendant’s Memorandum of Law in Support of Their Motion to Compel Discovery Responses which is being filed simultaneously herewith and is incorporated herein by reference. WHEREFORE, Defendants respectfully request that this Court grant their Motion in its entirety, award Defendants their reasonable expenses incurred in making this Motion, award Defendants any other relief that the Court deems appropriate, and enter an Order providing for relief as follows: Within 14 days of the entry of this Order, Plaintiff shall: (1) Describe what information has been withheld on the basis of Plaintiff’s objections to Defendants’ discovery requests and provide a certification of completeness; (2) Provide complete responses, without objection, to all outstanding discovery; and (3) Submit to third party collection of his social media accounts, cell phone(s), computer(s), hard drive(s), and email accounts on which ESI relevant to this lawsuit are located or were previously located. [Signature follows on next page] Case: 1:17-cv-01682 Document #: 126 Filed: 08/07/19 Page 2 of 4 PageID #:1883 -3- Respectfully submitted, UNITED AIRLINES, INC. and JAMES SIMONS /s/ Kendell R. Coates One of Their Attorneys Dated: August 7, 2019 Jody A. Boquist ARDC# 06209561 Kendell R. Coates ARDC #6320453 LITTLER MENDELSON, P.C. 321 North Clark Street, Suite 1000 Chicago, IL 60654 312.372.5520 jboquist@littler.com kcoates@littler.com Case: 1:17-cv-01682 Document #: 126 Filed: 08/07/19 Page 3 of 4 PageID #:1883 CERTIFICATE OF SERVICE Kendell R. Coates, an attorney, hereby certifies that on August 7, 2019, he caused a copy of the foregoing DEFENDANTS’ MOTION TO COMPEL DISCOVERY RESPONSES to be electronically filed with the clerk of the court using the court’s CM/ECF system. Notification of such filing will be sent to the following counsel of record: Jordan Finfer jfinfer@pfs-law.com John Eagan jeagan@pfs-law.com Patzik, Frank & Samotny Ltd. 150 South Wacker Drive, Suite 1500 Chicago, IL 60606 s/ Kendell R. Coates Kendell R. Coates FIRMWIDE:165531682.3 087218.1018 Case: 1:17-cv-01682 Document #: 126 Filed: 08/07/19 Page 4 of 4 PageID #:1883