United States District Court, D. Nebraska
R. Zwart United States Magistrate Judge.
Filing No. 109, Plaintiff Brian Giles (Giles), sought
reconsideration of the undersigned magistrate judge's
Memorandum and Order (Filing No. 75), and amendment of the
parties' agreed discovery deadlines (Filing Nos. 91-92).
The parties filed a Joint Stipulation Regarding Extension of
Deadlines on April 23, 2019. (Filing No. 121). As explained
below, Plaintiff's motion for reconsideration will be
granted, in part. The parties' joint request for
extension of certain deadlines is granted, as set forth in
further detail below.
September 2018, this court considered defendants' Motion
for a New Progression Order Allowing for Phased Discovery
(Filing No. 45), and Plaintiff's Motion to Compel (Filing
No. 48), and the associated briefs and documentation. The
court found that Defendants made a sufficient showing that
Plaintiff's discovery was extensive and that responding
to such discovery was a substantial burden.
undersigned magistrate judge found:
[T]he proper and proportional course is staged discovery,
with the first phase focused on whether a causal link exists
between Plaintiff's alleged protected activity and the
alleged adverse employment actions or injuries. At this first
stage, the discovery will be limited as follows:
1) Plaintiff's depositions of witnesses other than Linke
will be limited to (a) what those witnesses knew, if
anything, about Plaintiff's alleged protected activity
prior to December 1, 2015, and (b) if prior to December 1,
2015, they communicated with Linke regarding his selections
for promotion to Battalion Chief, and if so, what they said.
2) As to telephone records, Plaintiff may subpoena the
Verizon records of incoming and outgoing calls and text
messages for the cell phones used by Jones and Linke for the
2015 calendar year.
3) As to (ESI), Plaintiff is entitled to:
• All emails to or from Giles from October 2014, when
Benson transferred to Station 8, and December 31, 2015.
• The emails of Linke and Jones between October 2014 and
December 31, 2015 that contain the key words
“Giles” and/or “Brian Giles”, and/or
“Promotion” and/or “Promotional”
and/or “Benson, ” and/or “Battalion
4) Plaintiff is not entitled to Defendants' EEO
investigatory file for Amanda Benson's complaint, such
complaint and associated investigation having occurred after
both Battalion Chief promotions were made.
(Filing No. 75 at CM/ECF pp. 6-7).
objected to Filing No. 75 (Filing No. 79), and upon
consideration of the motion and the briefing, Senior Judge
Richard G. Kopf overruled Plaintiff's objection. (Filing
parties filed stipulations to extend certain case progression
deadlines on January 4, 2019 (Filing No. 91) and March 19,
2019 (Filing No. 102), both of which were granted by the
court. (Filing No. 92, Filing No. 105) In each stipulation,
Giles asserted he did “not agree that the phased
discovery or the expected summary judgment on the causal link
as provided for in the Order (Doc #75) is appropriate or
supported under federal law or the Federal Rules of Civil
Procedure.” (Filing Nos. 91, 102).
motion for reconsideration and motion to amend the stipulated
progression order deadlines was filed on March 22, 2019.
(Filing 109). The parties filed a Joint Stipulation Regarding
Extension of Deadlines on April 23, 2019. (Filing No. 121).