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CHRISTINE KERR and PAT GREEN SMITH, Plaintiffs, v. McDONALD'S CORPORATION, Defendant.

ORDER

CLARENCE COOPER, District Judge

Currently pending before the Court is Plaintiffs' Motion to Strike Declaration of Diane M. Brown or, in the Alternative, Motion Under Fed.R.Civ.P. 56(f) to Hold Summary Judgment Motion in Abeyance and to Reopen Discovery.

In support of its motion for summary judgment on the ground that Plaintiffs' Complaint is time-barred, Defendant has offered the affidavit of Diane Brown, an Administrative Assistant in Defendant's Labor Relations Department. In her affidavit, Ms. Brown authenticates several documents that were maintained in the regular course of business in Defendant's files concerning Plaintiffs' EEOC charges. Insofar as Ms. Brown's testimony is admissible pursuant to the business records exception to the hearsay rule, Fed.R.Evid. 803(6), Plaintiffs' objection to Ms. Brown's testimony is without merit. Further, Ms. Brown's affidavit was provided to Plaintiffs prior to the filing of Defendant's motion for summary judgment, and Plaintiffs had the opportunity to depose Ms. Brown, but choose not to do so. Plaintiffs had sufficient opportunity during the discovery period set by this Court to conduct discovery with respect to the timeliness of their Complaint, but they did not serve any written discovery on Defendant and sought to depose only one witness, Defendant's Human Resources Manager, Elizabeth Van Loon. The Court will not reopen discovery now to allow Plaintiffs to obtain information that could have been obtained by them within the discovery period. For these reasons, Plaintiffs' Motion to Strike Declaration of Diane M. Brown or, in the Alternative, to Hold Summary Judgment Motion in Abeyance and to Reopen Discovery [30-1 and 30-2] is DENIED.

Defendant also offered to consider any proffer of Plaintiffs' need to conduct any other depositions.

A review of Ms. Van Loon's testimony demonstrates that Defendant did not prevent her from answering Plaintiffs' questions regarding the date that Defendant received copies of Plaintiffs' right to sue letters.

SO ORDERED.

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KERR v. McDONALD'S CORPORATION
(Aug 9, 2004)