Sanchez v. L' Oreal USA, Inc.

Background

The opinion text consists of a joint letter about discovery disputes in an employment action brought under the New York City Human Rights Law. The letter states that Rafael Sanchez was a freelancer retained by L’Oréal through Randstad Professional US, LLC. Sanchez alleges discrimination and harassment.

L’Oréal had served Sanchez with 17 interrogatories and 36 document requests. Sanchez later served 101 requests for admission, 25 interrogatories, and 113 document requests. His requests sought electronically stored information from at least seven custodians and proposed more than 325 search terms covering a five-year period. L’Oréal argued that the requests were overly broad and disproportionate because Sanchez worked as a freelancer for one year rather than as an employee.

The Parties’ Positions

L’Oréal requested an extension until August 31 to respond to Sanchez’s written discovery. It cited the volume of the requests, summer schedules, client unavailability, and the absence of an employee with relevant information. Sanchez opposed an across-the-board extension for requests for admission and interrogatories, but stated that he would discuss an extension for document responses if L’Oréal expedited production of documents for a September 1 deposition. He also offered to discuss extensions for particular requests that presented difficulties.

The parties also disputed the timing of five depositions of non-party witnesses scheduled for September 1, 4, 19, 21, and 23. L’Oréal proposed moving the depositions to October, citing defense counsel’s trial beginning September 19 and counsel’s representation of two of the witnesses. Sanchez asked that the depositions proceed as scheduled, noting that subpoenas had already been served and that he had incurred costs locating and serving the witnesses.

Court’s Directive

The court ordered the parties to meet in person for at least two hours before 5:00 p.m. on September 2, 2022, to attempt to resolve all outstanding discovery issues, including the scheduling of party and non-party depositions. If disputes remained, the parties had to submit a joint letter of no more than three pages by noon on September 7, stating each party’s position clearly and concisely without argument.

The court also directed the parties to deal with each other professionally and collegially and stated that discovery must be proportional to the needs of the case. The text does not state an express ruling granting or denying L’Oréal’s requested extension or deciding whether the depositions would proceed on their scheduled dates.