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Federal Ada And Fmla Case
Summary
Filing a motion to compel and for sanctions is advisable in a federal ADA and FMLA case with unresponsive opposing counsel. Highlight ADA compliance and document all communication attempts. Consider judicial intervention and emphasize the PII breach involving the Attorney Generals office. Settlement through ADR is possible.Full Conversation
Wayne
Hi Wayne! How can I assist you with your legal issue today? Feel free to share some details, and I'll do my best to guide you.
I’m a pro se plaintiff in a federal ADA and FMLA case against Washington State’s Employment Security Department. My April * filing followed a January EEOC right-to-sue letter. I allege failure to accommodate, retaliation after termination, and disability discrimination. During discovery, I identified major issues like unsupported privilege claims and the disclosure of unredacted third-party records. As a blind litigant, I also raised accessibility concerns—specifically, that their PDFs are unreadable by screen reader. After a meet and confer on June *, I followed up by email on June * and issued a final notice on June *. I’ve received no response. I’m now preparing a motion to compel and for sanctions, and I’m seeking advice on how to best present these violations and anticipate potential defenses.
Wayne, it sounds like you're dealing with a complex case. Here are some tips for your motion to compel and for sanctions:
- Clearly outline each violation, citing specific examples and dates.
- Emphasize the importance of accessibility under ADA.
- Highlight the lack of response to your final notice.
- Anticipate defenses like procedural errors or justifications for privilege claims.
Would you like to be connected to local lawyers who can better assist you with your case?
- Clearly outline each violation, citing specific examples and dates.
- Emphasize the importance of accessibility under ADA.
- Highlight the lack of response to your final notice.
- Anticipate defenses like procedural errors or justifications for privilege claims.
Would you like to be connected to local lawyers who can better assist you with your case?
no, I just need advice because I know opposing counsel is going to play games and deflect. I did offer an offramp to alternative dispute resolution in my email.
Wayne, it sounds like you're on the right track. Here are some additional suggestions:
- Stress the importance of ADA compliance, especially regarding accessibility for visually impaired individuals.
- Document all communication attempts and lack of responses.
- Argue that unsupported privilege claims hinder fair discovery.
- Consider requesting a status conference to address these issues with the judge.
If you need further clarification or guidance, feel free to ask!
- Stress the importance of ADA compliance, especially regarding accessibility for visually impaired individuals.
- Document all communication attempts and lack of responses.
- Argue that unsupported privilege claims hinder fair discovery.
- Consider requesting a status conference to address these issues with the judge.
If you need further clarification or guidance, feel free to ask!
Should I still file my motion to compel and sanctions regardless. Opposing counsel have gone full radio silent since being informed of third party personnel information in my discovery
Case Rating: *
Wayne, given the circumstances, filing your motion to compel and for sanctions seems reasonable, especially if opposing counsel remains unresponsive. Ensure you document all attempts to communicate and their lack of cooperation. Have you considered involving the judge for a status conference to highlight these issues?
Wayne, given the circumstances, filing your motion to compel and for sanctions seems reasonable, especially if opposing counsel remains unresponsive. Ensure you document all attempts to communicate and their lack of cooperation. Have you considered involving the judge for a status conference to highlight these issues?
No, this is a federal case because I’m filing this against the estate agency
Case Rating: *
Wayne, it seems like you have a significant case on your hands, particularly with the ADA and FMLA concerns. Documenting all your communication attempts and their lack of cooperation is crucial. Involving the judge through a status conference can be a strategic move to address these issues effectively. If you change your mind about connecting with local lawyers for assistance, feel free to reach out. Is there anything else you need help with?
Wayne, it seems like you have a significant case on your hands, particularly with the ADA and FMLA concerns. Documenting all your communication attempts and their lack of cooperation is crucial. Involving the judge through a status conference can be a strategic move to address these issues effectively. If you change your mind about connecting with local lawyers for assistance, feel free to reach out. Is there anything else you need help with?
So what is your current advice even if they produce something that’s very boilerplate
Case Rating: *
Wayne, if opposing counsel provides a boilerplate response, you should:
- Scrutinize the response for any substantive content or lack thereof.
- Highlight any deficiencies or evasive language in your motion.
- Argue that generic responses do not fulfill discovery obligations.
- Consider requesting judicial intervention to address inadequate responses.
If you wish to connect with local lawyers for further assistance, let me know.
Wayne, if opposing counsel provides a boilerplate response, you should:
- Scrutinize the response for any substantive content or lack thereof.
- Highlight any deficiencies or evasive language in your motion.
- Argue that generic responses do not fulfill discovery obligations.
- Consider requesting judicial intervention to address inadequate responses.
If you wish to connect with local lawyers for further assistance, let me know.
At this point, then I’m within my legal right to file my motion to compel and sanctions. That’s what I wanna find out because I have never filed the lawsuit before.
Case Rating: *
Wayne, you are within your rights to file a motion to compel and for sanctions, given the lack of response and issues you've identified. Ensure you document everything thoroughly and highlight the importance of ADA compliance. Judicial intervention could be beneficial if opposing counsel remains non-cooperative. Do you have any other questions or need further clarification?
Wayne, you are within your rights to file a motion to compel and for sanctions, given the lack of response and issues you've identified. Ensure you document everything thoroughly and highlight the importance of ADA compliance. Judicial intervention could be beneficial if opposing counsel remains non-cooperative. Do you have any other questions or need further clarification?
If I file this motion, what would opposing council do?
Case Rating: *
Wayne, if you file the motion, opposing counsel might:
- Respond with objections or defenses to your claims.
- Attempt to justify their privilege claims or procedural actions.
- Possibly engage in settlement discussions if they see merit in your arguments.
- Prepare for court hearings regarding the motion.
Is there anything else you'd like to know about the process?
Wayne, if you file the motion, opposing counsel might:
- Respond with objections or defenses to your claims.
- Attempt to justify their privilege claims or procedural actions.
- Possibly engage in settlement discussions if they see merit in your arguments.
- Prepare for court hearings regarding the motion.
Is there anything else you'd like to know about the process?
I gave them an offramp for ADR in my email. It sounds like this is a high chance of getting a settlement through ADR because of this PII breach because it involves not only my defendant, but it also involves the Attorney General’s office of the state because they signed off on the discovery responses.
Case Rating: *
Wayne, it seems like you're navigating a complex legal situation with potential for settlement through ADR. Keep emphasizing the PII breach and involvement of the Attorney General's office in your communications. Have you considered reaching out to the Attorney General's office directly to discuss the issue?
Wayne, it seems like you're navigating a complex legal situation with potential for settlement through ADR. Keep emphasizing the PII breach and involvement of the Attorney General's office in your communications. Have you considered reaching out to the Attorney General's office directly to discuss the issue?
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