11 results for 'judge:"Eifert"'.
J. Eifert denies the class of former care children’s motion for sanctions against the West Virginia Department of Health Services for failing to timely produce individual case files in the class’s pending civil rights suit accusing the state of “systemic deficiencies” in how it operates the foster care system, finding that while the department “made mistakes in preserving and producing information,” it was not done in bad faith or out of disrespect for any court order.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 22, 2024, Case #: 3:19cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Eifert grants in part the class of former foster care children's motion for sanctions under Rule 37(e)(1) for the West Virginia Department of Health Services' failure to preserve all electronically stored information (ESI) requested in discovery. Since the spoliation of evidence did slightly compromise the class's ability to present its case demonstrating “systemic deficiencies” in the foster care system, WVDHS is precluded from arguing the deleted ESI would have shown they did not act with deliberate indifference, and it must reimburse the class for their reasonable attorney fees and costs associated with bringing the motion.
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: March 28, 2024, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Discovery
J. Eifert denies the university's motion to compel an independent psychological evaluation of the student claiming it's Title IX Office discriminated against her when it charged her with violating the university's Student Code of Conduct for underage consumption of alcohol while at a friend's off-campus apartment as retaliation for reporting she was sexually assaulted. The student's mental condition is not in controversy, and the university has failed to show any good cause for such an examination.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: February 21, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
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J. Eifert holds in abeyance the university's motion for a protective order for the upcoming deposition of the university's president in a student's sex discrimination suit. The student claimed the university hastily closed its Title IX investigation into her allegation that her then-boyfriend sexually assaulted her but charged her with a violation of the Student Code of Conduct for underage drinking. The court finds that a ruling on the university's motion is premature until the president has been deposed, and the student still believes he "has unique personal knowledge relevant to this case."
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: January 31, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Eifert grants in part the former manager's motion to compel discovery responses in her retaliatory discharge suit against the in-home respiratory supplier. The supplier must produce 1) all unsealed False Claims Act complaints filed from March 2, 2017, through January 8, 2021, in federal or state court against the company, and 2) all documents dated on or after January 8, 2021, that reference or include allegations of fraudulent billing regarding a) status updates/checks on CPAP/ventilators that were not performed, b) in-home devices that were not being used, c) unauthorized changes to CPAP/ventilator settings, d) in-home visits or other services not performed, or e) an AffloVest that was not properly fitted, in the greater Huntington, West Virginia-area.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: September 19, 2023, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: Health Care, Discovery, Employment Retaliation
M.J. Eifert grants in part the contracting services firm and its subsidiary’s motion for sanctions against the former director of marketing for her failure to produce legible text messages and an answer to an interrogatory regarding her absences from work in her sexual harassment suit, finding her “current answers convey an utter lack of effort on her part to collect the information that would allow her to answer.” The court directs the firm to submit an affidavit of reasonable fees and costs associated with its motion by Aug. 31, and orders the former director to respond to the discovery requests by Sept. 14.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: August 15, 2023, Case #: 3:22cv375, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
MJ. Eifert grants and part and denies in part an education board’s motion to compel a couple to respond to its discovery responses, and grants the couple’s motion to compel the board to respond to theirs in the couple’s suit claiming special education teachers abused and neglected their 15-year-old son. The couple must answer the board’s interrogatories on specific dates and times their son’s classmates were mistreated, when one of the teachers inappropriately touched their son and the extent of the his injuries, but are not required to produce any of theirs or his medical records. The board must produce footage of the boy’s classroom and his whereabout In the building each day he attended school.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: July 6, 2023, Case #: 3:22cv592, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Discovery
M.J. Eifert grants the med student’s motion to compel the university’s Title IX Office to produce documents responsive to his request for production of documents in his pending civil rights suit claiming the former Title IX coordinator retaliated against him by seeking female students to file a complaint against him for sexual misconduct. However, the court denies the student’s request for attorney fees and expenses associated in filing the motion, and directs that the parties appear for mediation on the unresolved discovery issues on May 23.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: May 12, 2023, Case #: 3:22cv346, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery