Butler v. The All American Bar on First Avenue Inc.

Background

This order addresses discovery disputes in a case brought by Alla Butler and Ian Hannah against The All American Bar on First Avenue Inc., 58 E. 34th St. Wings Lodge Inc., Robert J. Gerola, Jr., Robert O’Rourke, Claudine M. O’Rourke, and Louise DeMarco. The defendants asked the court to compel the plaintiffs to provide additional discovery. Plaintiffs’ counsel attended the scheduled telephone conference, but defense counsel did not appear.

Rulings

The court denied the defendants’ request to compel the plaintiffs to supplement their responses to requests for production. The defendants claimed that the plaintiffs had not produced documents, but conceded that documents had been produced and that the plaintiffs’ responses referred to them. The court also noted that the defendants had not established a basis to believe additional documents existed. It stated that the defendants could ask about additional documents at the plaintiffs’ depositions and make further requests afterward if appropriate.

The court denied the request to compel answers to interrogatories numbered 1, 2, 4–7, 9–12, and 14–17. It found that the interrogatories did not comply with Local Civil Rule 33.3, which generally limits interrogatories—written questions used in discovery—to information such as knowledgeable witnesses, damage calculations, and relevant documents unless the court approves broader questioning. The court stated that depositions would be a more efficient way to obtain the requested information.

The court denied the request to compel the plaintiffs’ tax returns. It applied a two-part test requiring the returns to be relevant and requiring a compelling need because the information could not otherwise be readily obtained. The court found that the defendants failed to satisfy both requirements. It explained that the plaintiffs’ subjective views about how they classified their work status were not relevant to whether they were employees or independent contractors under the Fair Labor Standards Act and New York Labor Law. It also stated that any relevant information about how the plaintiffs filed their taxes could be obtained through depositions.

Additional schedule

The court ordered the parties to file a joint letter by March 14, 2022, addressing any additional discovery required in light of the amended complaint. It scheduled another telephone conference for March 16, 2022. The order was issued by United States Magistrate Judge Sarah L. Cave.