Monroque v. Lionsgate Television Inc.
1:23-cv-07017
| S.D.N.Y. | Feb 25, 2025Background
- Plaintiff Geraldine Imoya Monroque, proceeding pro se, alleges disability discrimination under the Americans with Disabilities Act (ADA) against Lionsgate Television, Inc.
- Plaintiff requested that the court appoint counsel to represent her, arguing her inability to litigate effectively without assistance.
- The Court previously ordered Plaintiff to produce medical and employment records relevant to her disability and work history, reasoning that these are essential to her ADA claim.
- Plaintiff refused to provide HIPAA release forms and relevant employment documents, citing privacy and relevance objections.
- Defendant reported Plaintiff's noncompliance with discovery orders, specifically regarding medical and employment record disclosures.
- Plaintiff sought reconsideration and an extension of time, which the Court denied, emphasizing potential dismissal of claims for continued noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of Counsel | Needs counsel due to inability to litigate | Plaintiff has not shown a meritorious claim; attorney time is limited | Denied; may renew if meritorious claim shown |
| Reconsider Prior Discovery Order | Previous order was incorrect; privacy issue | Discovery is necessary for defense; privacy waived by ADA claim | Denied; no overlooked authority or new grounds |
| Relevance/Privacy of Medical Records | Medical privacy should be honored | Plaintiff put medical condition at issue by bringing ADA claim | Defendant entitled to necessary medical records |
| Extension of Time for Compliance | Requests more time to comply | No substantial reason for further delay | Denied; must comply by March 7, 2025 |
Key Cases Cited
- Cooper v. A. Sargenti Co., Inc., 877 F.2d 170 (2d Cir. 1989) (Outlines factors courts must consider in appointment of counsel for civil litigants)
- Ferrelli v. River Manor Health Care Center, 323 F.3d 196 (2d Cir. 2003) (Establishes that plaintiff must show claim has substance to qualify for appointed counsel)
- Capobianco v. City of New York, 422 F.3d 47 (2d Cir. 2005) (ADA plaintiff must prove disability within meaning of ADA)
- Sista v. CDC Ixis North America, Inc., 445 F.3d 161 (2d Cir. 2006) (Plaintiff bears the burden of proof on all elements of civil claims)