Monroque v. Lionsgate Television Inc.

Background

Lions Gate Television, Inc. asked the court to address a discovery dispute concerning Geraldine Imoya Monroque’s failure to produce documents that were in her control. Monroque alleges that Lions Gate discriminated against her under the Americans with Disabilities Act by requiring COVID-19 vaccination as a condition of employment and failed to accommodate her alleged disability.

Lions Gate sought medical-history materials through Requests for Production (RFPs) 2, 5, 6, and 34. These requests covered vaccination and immunization records, medical and behavioral-health conditions, treatment by identified medical providers, prescription medications taken or purchased during the prior ten years, and documents concerning Monroque’s allegation that her autoimmune disease could be triggered by vaccination, medication, and stress.

Lions Gate also sought employment-history materials through RFPs 8, 9, and 38. These requests covered productions on which Monroque worked after February 8, 2023; productions on which she sought but was not permitted to work from September 21, 2020, through the present; and a resume or curriculum vitae identifying her television, film, and stage appearances.

At the February 6, 2025 telephone conference, Monroque said she had no additional medical records in her possession beyond those she had already produced and that additional records were held by her medical providers. She continued to object to producing medical and employment records on relevance grounds.

Court’s reasoning

The court stated that evidence about Monroque’s alleged disability went to the core of her ADA claim. It explained that a person bringing an ADA discrimination claim must establish, among other things, that she has—or is regarded as having—a disability covered by the statute. The court therefore concluded that Lions Gate was entitled to investigate whether Monroque had a qualifying disability.

The court also found that Monroque’s employment records related to damages. Those records could bear on the calculation of any back-pay award and on whether she used reasonable diligence to reduce her losses.

Order

The court ordered Lions Gate to reproduce the documents it said it had produced the previous week as soon as possible and no later than February 10, 2025. After reviewing that production, Monroque could submit a letter by February 18, 2025, challenging the adequacy of Lions Gate’s discovery responses. The court also directed her to state whether she wanted authorization to question Lions Gate or its employees through written questions, also called interrogatories.

The court ordered Lions Gate to provide HIPAA-compliant medical-record release forms by February 10, 2025, for the medical providers Monroque had previously disclosed. The forms were to be limited to vaccination and immunization records, records concerning medications prescribed during the previous ten years, and medical records for the previous five years, including diagnostic testing, examinations, treatment, or images, for the previous ten years as stated in the order. Monroque had to sign and return the forms by February 17, 2025.

The court further ordered Monroque to produce by February 17, 2025, documents in her possession responsive to RFPs 8, 9, and 38. The opinion is a discovery order; it does not decide the ultimate merits of Monroque’s ADA claim.