United States District Court, D. Nevada
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
PIONEER HOTEL, INC., d/b/a PIONEER HOTEL AND GAMBLING HALL, Defendant.
GEORGE FOLEY, Jr., Magistrate Judge.
This matter is before the Court on Defendant's Motion to Compel (#86), filed on August 18, 2014. The Plaintiff filed its Response (#97) on September 4, 2014 and the Defendant filed its Reply (#103) on September 17, 2014. The Court conducted a hearing in this matter on September 23, 2014. During the hearing, the Court ruled on certain portions of Defendant's motion which are reflected in the Minutes of Proceedings. This order addresses that portion of Defendant's motion that the Court took under submission.
The EEOC has brought this action on behalf of Charging Party Raymond Duarte and a class of similarly situated individuals who were allegedly subjected to harassment based on their national origin, Latino, and/or their skin color, dark. Defendant asserts that the EEOC did not identify or investigate the claims of several individual class members prior to the conclusion of efforts at presuit conciliation, or prior to the commencement of this lawsuit, and is therefore barred from pursuing claims on behalf of those class members in this lawsuit. In furtherance of this defense, Defendant seeks information and documents relating to the EEOC's post-conciliation communications with potential class members. Defendant's discovery requests relating to this issue are as follows:
Interrogatory No. 16:
If EEOC has contacted (or any attorney, investigator, or other person acting on your behalf has contacted) any current or former employee of Pioneer since conciliation failed on or about August 2, 2011, in connection with EEOC's Second Amended Complaint, e.g., attempting to determine if such persons were subjected to conduct complained of in the Second Amended Complaint and inquiring as to their participation as a class member in the lawsuit, etc., please state with respect to each such person, his or her name, last known address and telephone number, job title, employer, the date, time, place and means of communication, the substance and detail of any such communication, and describe any and all documents, electronic media, electronically stored information, or social networking sites, in, on or through which communications with such persons are contained.
Request for Production No. 11:
Identify and produce all letters, emails, questionnaires, memoranda, or other documents evidencing EEOC's communications and/or attempted communications with current and former Pioneer employees that relate to or arose out of Raymond Duarte's Charge of Discrimination, or relate to EEOC's attempts to locate and identify a class for participation in the pending lawsuit against Pioneer, since conciliation of Raymond Duarte's Charge of Discrimination failed, on or about August 2, 2011.
Request for Production No. 18:
Identify and produce all letters, emails and other written communications, and any attachments thereto, sent from any representative of the EEOC to any current or former Pioneer employee, and/or a Pioneer representative, since conciliation failed on August 2, 2011 to the present.
Request for Production No. 33:
Identify and produce all documents that reflect, relate to, discuss, summarize, or constitute EEOC's efforts to locate and identify class members during the pendency of Raymond Duarte's Charge of Discrimination through conciliation, which terminated on August 2, 2011, as described in Interrogatory No. 15.
Request for Production No. 34:
Identify and produce all documents that reflect, relate to, discuss, summarize, or constitute EEOC efforts to contact current or former Pioneer employees after conciliation failed on August 2, 2011, in connection with EEOC's Second Amended Complaint, e.g., attempting to determine if any such persons were subjected to the conduct complained of in the Second Amended Complaint and inquiring as to ...