3:24-cv-01075
N.D. Tex.Jul 9, 2025Background
- Plaintiffs Carol and Cyril Ayangbile bring employment discrimination claims against Children’s Health Services of Texas, alleging racial discrimination and retaliation in violation of Title VII and 42 U.S.C. § 1981.
- Cyril further alleges intentional interference with his contract with the Allen Independent School District football team.
- A discovery dispute arose regarding production of Carol’s mental health records relevant to claims of emotional distress damages.
- The defendant previously sought more extensive counseling records from Dr. Jada Jackson, Carol’s mental health provider, after plaintiffs only produced a summary of services.
- Children’s Health subpoenaed Dr. Jackson to produce counseling records and appear for deposition; production was incomplete and the deposition was disrupted by a speaking objection from plaintiffs’ counsel.
- Children’s Health moved to compel production of the remaining documents, for sanctions against plaintiffs’ counsel, and for attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compelling Dr. Jackson to produce full records | Only summary records are required; additional production not needed | Full counseling and related records are relevant and must be produced | Dr. Jackson must produce all documents responsive to the subpoena, except certain redactions |
| Redaction of third-party information in notes | Texas law requires redaction of info regarding other persons | Redactions are overly broad; only some are justified | Only redact info if from other patients’ counseling, not notes about Carol |
| Speaking objections and deposition conduct | Counsel acted within reason to protect witness | Counsel’s objection was argumentative and frustrated deposition | Counsel (Stoner) is sanctioned; must desist from speaking objections and improper instructions |
| Award of expenses | No special circumstances justify awarding fees | Delays and noncompliance justify fees for motion to compel | Plaintiffs ordered to pay defendant’s reasonable expenses and attorney’s fees |
Key Cases Cited
- Dondi Props. Corp. v. Com. Sav. & Loan Ass’n, 121 F.R.D. 284 (N.D. Tex. 1988) (delays and excessive costs undermine justice)