Opinion

Jordan v. Downtown Development District

Court
District Court, E.D. Louisiana
Filed
Jan 26, 2024
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

AARON JORDAN CIVIL ACTION

VERSUS NO: 21-1323

DOWNTOWN DEVELOPMENT DISTRICT et SECTION: “T” (4)

al.

ORDER AND REASONS

Before the Court is a Motion for Reconsideration (Rec. doc. 119) filed by Defendant,

Downtown Development District (DDD) seeking reconsideration of the Court’s Order (Rec. Doc.

118) on the partial grant of the Amended Motion to Compel. The motion is unopposed.

I. Background

On July 10, 2021, Plaintiff Aaron Jordan (“Jordan”) filed a complaint naming as defendants

Downtown Development District (DDD), City of New Orleans, Board of Commissioners of the

Downtown Development District, Jurt Weigel, and Keith Davis, alleging racial discrimination in

violation of Title VII. R. Doc. 1 at 1.

DDD hired Jordan, a white male, as a Public Safety Ranger in October 2018, employed him

for four months, and ultimately terminated him after a series of increasingly violent physical

altercations between him and the public. R. Doc. 105 at 1. Specifically, Jordan was terminated on

February 25, 2019, for allegedly violating DDD policy by acting in a law enforcement capacity

and for endangering the safety of himself and the public in three incidents not repeated here. See

id. at 2. Jordan filed suit on July 10, 2021, alleging harassment, racial discrimination, retaliation,

and wrongful termination. See, e.g., R. Doc. 1 at 19-20, 28-29, 40-41. 1

1 The only remaining claims asserted against the DDD are the Title VII claims.

1

On June 7, 2023, Jordan propounded his first set of interrogatories and third set of requests

for production of documents. R. Doc. 102 at 1. DDD did not respond by July 7, 2023, and on

July 9, 2023, Jordan emailed counsel for DDD regarding outstanding discovery responses. Id. On

July 10, 2023, counsel for DDD indicated to Jordan they were waiting on information from the

DDD and expected to provide responses the following week. R. Doc. 105 at 3. Also on July 10,

Jordan sent a “meet and confer” letter requesting a Rule 37 conference. Id. at 3; R. Doc. 102 at 2.

Jordan conducted the Rule 37 conference on July 13, 2023. R. Doc. 92-5. Counsel for

DDD repeated that they were waiting on information from DDD and expected to provide responses

the following week. R. Doc. 105 at 3. Jordan then filed a Motion to Compel (R. Doc. 92). DDD

provided responses on July 21, 2023, which Jordan contends are deficient. Id. at 2. Jordan

conducted another Rule 37 conference on July 25, 2023. DDD again supplemented its responses

the same day to attempt to resolve Jordan’s qualms. The Court thereafter denied Jordan’s Motion

to Compel as moot (Rec. Doc. 99).

Jordan thereafter in his Amended Motion to Compel (Rec. Doc. 102) challenged the

sufficiency of six of DDD’s supplemental responses as deficient. R. Doc. 102 at 3. Jordan took

issue with DDD’s initial and supplemental responses to Plaintiff’s First Set of Interrogatories

(Interrogatories) Nos. 3, 5, and 7, as well as Plaintiff’s Third Set of Requests for Production of

Documents (RFPs) Nos. 1, 3, and 5. Id. On September 11, 2023, the Court after considering the

position of the parties and the law granted the motion as to Plaintiff’s First Set of Interrogatory

Nos.3, 5 and Plaintiff’s Third Request for Production Nos. 1 and 3. The motion was denied as to

Plaintiff’s first Set of Interrogatory No. 7 and Plaintiff’s Third Request for Production No. 5.

Now before the Court is a Motion for Reconsideration of the Order. DDD contends that the

Court’s Order did not reflect the submission of the defendant’s supplemental responses to

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Plaintiff’s First Set of Interrogatories Nos. 3, 5 that were attached to their Opposition (Rec. Doc.

105-1). Therefore, DDD contends that the portion of the order requiring the production of

Interrogatories Nos. 3, 5 should be reconsidered and clarified. R. doc. 119-1.

II. Standard of Review

Rule 54(b) allows parties to seek reconsideration of interlocutory orders and authorizes the

district court to “revise[ ] at any time” “any order or other decision ... [that] does not end the

action,” Fed. R. Civ. P. 54(b). Austin v. Kroger Texas, L.P., 864 F.3d 326 (5th Cir. 2017).

“Under Rule 54(b), ‘the trial court is free to reconsider and reverse its decision for any

reason it deems sufficient, even in the absence of new evidence or an intervening change in or

clarification of the substantive law.’” Austin v. Kroger Tex., L.P., 864 F.3d 326, 336 (5th Cir. 2017)

(quoting Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 185 (5th Cir. 1990),

abrogated on other grounds, 37 F.3d 1069 (5th Cir. 1994)). Nonetheless, “[t]he power to reconsider

or modify interlocutory rulings ‘is committed to the discretion of the district court . . . .’” Id. at 337

(quoting Sant Annes Dev. Co., Inc. v. Trabich, 443 F. App’x 829, 832 (4th Cir. 2011)).

III. Analysis

DDD seeks a modification of the Court’s order on the Amended Motion to Compel because

their supplemental responses to Plaintiff’s First Set of Interrogatories Nos. 3, 5 about Abron and

Holden were attached to its opposition to the motion a See Rec. doc. 105-1. Jordan does not oppose

the motion.

In review of the documents on the record, DDD is correct that it submitted a second

supplemental response to Interrogatory 3,5 Rec. doc. 105-1. The response provides as follows:

The DDD has made a more expansive search of its records including personnel files and has located

3

additional records pertaining to Abron and Holden. DDD proceeds to provide an explanation of

events that occurred on May 19, 2018, January 10, 2019, and December 17, 2018.

In the prior ruling the Court noted that DDD’s position was that it did not have a record of

the dates of the events. However, before the Court ruled on the Amended Motion to Compel, DDD

had already supplemented its responses to provide the dates as described above. The Court finds

that DDD’s position has merit and therefore modifies its order of September 11, 2023, to Deny

the Plaintiff’s Motion to the extent is seeks to compel further information regarding Plaintiffs First

Set of Interrogatories Nos. 3 and 5 as to Abron and Holden.

IV. Conclusion

IT IS ORDERED that DDD’s Motion for Reconsideration (R. Doc. 119), is GRANTED

for the reasons assigned above.

IT IS FURTHER ORDERED that the Order (R. Doc.118) is AMENDED to reflect that the

Plaintiff's Motion is DENIED as to Plaintiff's First Set of Interrogatory Nos. 3 and 5.

New Orlgans, Louisiana, this 26th day of January 2024.

KAREN WELLS ROBY

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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