Breedlove v. Consolidated Vision Group, Inc.
- Donovan Frank
- 0:20-cv-00916
- U.S. District Court · District of Minnesota
- 4
In Breedlove v. Consolidated Vision Group, Judge Leung granted in part and denied in part National Vision’s discovery motion, ordering responses but denying fees.
Sheree Renee Breedlove and National Vision, Inc.; the order also states that each party must bear its own attorney fees and expenses.
What happened
In Breedlove v. Consolidated Vision Group, Inc., Sheree Renee Breedlove, representing herself, did not provide required initial disclosures or respond to National Vision, Inc.’s written discovery requests. The requests sought answers to questions, documents, and authorizations.
National Vision asked the court to order Breedlove to provide the disclosures and responses within seven days and to award attorney fees. Breedlove did not formally oppose the motion, said she had difficulty with the electronic filing system and the requests, and agreed at the hearing to respond.
Judge Tony N. Leung granted in part and denied in part the motion to compel. He ordered Breedlove to serve her initial disclosures and respond to the discovery requests by February 1, 2021, denied the request for attorney fees, and ordered each party to pay its own fees and expenses. The order warned that further noncompliance could lead to sanctions, including dismissal or default judgment.
The detailed version
- Breedlove v. Consolidated Vision Group, Inc. · No. 0:20-cv-00916
- Donovan Frank
- Jan. 26, 2021
Background
Sheree Renee Breedlove filed an employment-discrimination lawsuit against Consolidated Vision Group, Inc., doing business as America’s Best Contacts & Eyeglasses, National Vision, Inc., and L. Reade Fahs. The defendants removed the case from state court to federal court. Breedlove was representing herself.
National Vision, Inc. moved to compel discovery. It alleged that Breedlove had not served her initial disclosures, which were due July 1, 2020, and had not answered interrogatories, requests for production of documents, or requests for authorizations. The written discovery had been served in August and September 2020, and National Vision described efforts to work with Breedlove and meet and confer about the missing responses. National Vision asked the court to order the disclosures and responses within seven days and to award reasonable attorney fees.
Breedlove filed no written opposition. At the hearing, she confirmed her contact information, described difficulties with the court’s electronic filing system and with responding to the requests, and expressed general disagreements with some requests. She nevertheless reaffirmed that she would answer the discovery by January 8, 2021.
Ruling
Judge Tony N. Leung granted in part and denied in part National Vision’s motion to compel. The court ordered Breedlove to serve her initial disclosures and respond to National Vision’s interrogatories, requests for production of documents, and requests for authorizations no later than February 1, 2021.
The court denied National Vision’s request for attorney fees based on the record before it. The order states that each party must bear its own attorney fees and expenses.
The court also emphasized that Breedlove’s self-represented status did not excuse compliance with applicable rules, laws, or court orders. It warned that failure to comply could result in appropriate remedies and sanctions, including costs, fines, attorney fees, waiver of objections, limits on evidence, striking pleadings, dismissal with prejudice, or whole or partial default judgment. The order did not impose those additional sanctions at that time.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.