Opinion

Lewis v. Louisiana State University

Court
District Court, M.D. Louisiana
Filed
Nov 21, 2023
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

SHARON LEWIS, CIVIL ACTION

Plaintiff

VERSUS NO. 21-198-SM-RLB

BOARD OF SUPERVISORS OF LOUISIANA

STATE UNIVERSITY AND AGRICULTURAL

AND MECHANICAL COLLEGE,

Defendant

ORDER AND REASONS

Before the Court is a Motion to Compel Deposition Testimony of Collis B. Temple,

Jr. and for Leave to Submit a Request for Production of Documents filed by Sharon Lewis

(“Plaintiff”).1 The Board of Supervisors of Louisiana State University and Agricultural and

Mechanical College (the “Board”) filed an opposition.2 For the reasons that follow, the

Motion to Compel is DENIED as stated herein.

BACKGROUND

The background of this case has been extensively laid out in the nineteen opinions

issued by this Court since its inception.3 The Court will recite only the procedural

developments relevant to the instant discovery dispute. On November 7, 2023, pursuant

to this Court’s ruling, Plaintiff took the limited deposition of LSU President William F.

Tate IV.4 Other than the exceptions made for the Tate deposition and discovery related to

Plaintiff’s cell phone, the fact discovery period in this case closed on October 4, 2023.5

1 R. Doc. 448.

2 R. Doc. 461.

3 See R. Docs. 107, 124, 165, 185, 254, 255, 280, 283, 284, 316, 332, 335, 340, 362, 363, 378, 431, 440, and

447.

4 See Order and Reasons, Nov. 2, 2023 (R. Doc. 440).

LEGAL STANDARD

Federal Rule of Civil Procedure 16(b)(4) provides “[a] schedule may be modified

only for good cause.”6 “Good cause requires a showing that the relevant scheduling order

deadline cannot reasonably be met despite the diligence of the party needing the

extension.”7 Courts consider several factors in determining whether a party has provided

good cause to modify a discovery deadline, including:

“‘(1) [T]he explanation for the untimely conduct; (2) the importance of the

requested untimely action; (3) potential prejudice in allowing the untimely

conduct; and (4) the availability of a continuance to cure such prejudice.’

Additionally, courts consider [(5)] the length of time since the expiration of the

deadline, [(6)] the length of time that the moving party has known about the

discovery, [(7)] whether the discovery deadline has been extended, [(8)] whether

dispositive motions have been scheduled or filed, [(9)] the age of the case, and

[(10)] disruption of the court's schedule.”8

LAW AND ANALYSIS

Plaintiff seeks to depose Temple in a deposition limited to two hours and confined

to discussion of Tate’s meeting with Temple and Wilson.9 Further, Plaintiff seeks leave to

submit a Request for Production of Documents limited to communications “between

Temple and Tate made between the meeting at Temple’s home and the Board approval of

Wilson’s contract.”10

Plaintiff has failed to meet her burden of establishing good cause to allow the

untimely deposition and discovery under Rule 16(b)(4). In fact, Plaintiff does not even

discuss good cause or Rule 16(b) in her Motion to Compel.11

6 Fed. R. Civ. P. 16(b)(4).

7 Louisiana Corral Mgmt., LLC v. Axis Surplus Ins. Co., No. CV 22-2398, 2023 WL 2185981 at *4 (E.D.

La. Feb. 23, 2023).

8 Id. (quoting Huey v. Super Fresh/Sav-A-Center, Inc., No. 07-1169, 2008 WL 2633767, at *1 (E.D. La.

June 25, 2008)).

9 R. Doc. 448-1 at 3.

10 Id.

Plaintiff’s explanation for the untimely request is that she only learned of Temple’s

potential involvement in the hiring of Wilson during the deposition of LSU President Tate

on November 7, 2023.12 However, all other factors weigh against a finding of good cause.

Plaintiff argues that she has reason to believe Tate hired Frank Wilson at the urging

of Temple and conspired with Temple to terminate Plaintiff to protect Wilson.13 Tate’s

deposition testimony, however, indicates Tate’s only interaction with Temple regarding

Wilson was on a single occasion when Temple introduced Tate to Wilson for a “greeting

and hello.”14 Despite this testimony, Plaintiff urges “it is simply not believable” that

Temple would have arranged a meeting between Tate and Wilson if “there was no

discussion about Wilson moving to LSU” at that time.15 Plaintiff cites the fact that Tate

was “aware that four (4) women have accused Wilson of sexual misconduct” and yet

“Wilson has never been investigated and remains employed at LSU.”16 Plaintiff argues

this supports her claim that “in the meeting at Temple’s home, Temple discussed and/or

directed Tate to hire Wilson.”17 Plaintiff provided no additional factual basis to support

her argument.

Regardless of the limited scope of her request, Plaintiff has not sufficiently

established the relevance, much less the importance, of deposing Temple, since, as the

Board argues in its opposition, “there is no indication that [Temple] has any personal or

unique knowledge regarding facts related to Plaintiff’s claims whatsoever.”18 Moreover,

Temple was never mentioned in Plaintiff’s complaint or deposition.19 Plaintiff has

12 R. Doc. 448-1 at 3.

13 Id.

14 Tate Depo. at 15-16.

15 R. Doc. 448-1 at 2.

16 Id.

17 Id.

18 R. Doc. 461 at 3.

produced no support for her belief that Tate hired Wilson at the urging of Temple or that

Tate conspired with Temple to terminate Plaintiff to protect Wilson. In fact, Tate testified

Temple introduced him to Plaintiff at a football game2° and that he did not discuss

Plaintiffs complaints against Wilson with Temple.2!

Trial in this matter is set to begin on December 11, 2023,?2 and dispositive motions

have already been filed.23 Accordingly, the Board would suffer significant prejudice if an

extension to the discovery deadline were granted at this time. Plaintiff has had over two

years to conduct discovery and has not shown good cause for granting an extension to the

expired discovery deadline on the eve of trial. Most importantly, Plaintiff has not given

the Court any reason to believe that Temple has any knowledge regarding facts related to

Plaintiff's claims.

CONCLUSION

Accordingly;

IT IS ORDERED that Plaintiffs Motion to Compel?4 is DENIED as stated

herein.

New Orleans, Louisiana, this 21st day of November, 2023.

SUSIE Moe

UNITED STATES DISTRICT JUDGE

20 Tate Depo. at 8.

21 Id, at 9.

22 R, Doc. 441.

23 Board’s Motion for Summary Judgment (R. Doc. 424).

24R, Doc. 448.

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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