EEOC v. Triple-S Vida, Inc.
EEOC v. Triple-S Vida, Inc.
2023 WL 9183951 (D.P.R. 2023)
October 6, 2023
Besosa, Francisco A., United States District Judge
Summary
The defendants were ordered to produce all documents related to the decision makers within seven days and certify that they have fully and accurately produced all ESI and ESI metadata. Failure to comply with these orders resulted in monetary sanction and the designation of the defendants' liability as joint employers or an integrated enterprise.
Additional Decisions
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
TRIPLE-S VIDA, INC., et als., Defendants
v.
TRIPLE-S VIDA, INC., et als., Defendants
Civil No. 21-1463 (FAB)
United States District Court, D. Puerto Rico
Filed October 06, 2023
Counsel
Melissa Marie Castillo, U.S. Equal Employment Opportunity Commission Tampa Field Office, Tampa, FL, Adriana G. Rodriguez, Equal Employment Opportunity Commission, San Antonio, TX, Beatriz Biscardi-Andre, U.S. EEOC, Miami, FL, Carmen Manrara Cartaya, United States Equal Employment Opportunity Commission, Miami, FL, for Plaintiff.Alberto J. Farmer-Del Toro, Guzman & Rodriguez-Lopez Law Office, San Juan, PR, Enrique A. Del Cueto-Perez, ECIJA SBGB, San Juan, PR, Jaime Luis Sanabria-Montanez, Sanabria Bauermeister Garcia & Berio LLC, San Juan, PR, for Defendants.
Besosa, Francisco A., United States District Judge
ORDER DENYING DEFENDANTS’ MOTION FOR RELIEF (DOCKET NO. 112), GRANTING PLAINTIFF'S MOTION FOR SANCTIONS (DOCKET NO. 118), AND ADOPTING THE REPORT AND RECOMMENDATION (DOCKET NO. 183)
*1 1. (a) The Court has reviewed and analyzed all docket entries pertaining to defendants’ motion for relief from the $5,000 sanction imposed on them (Docket No. 112), the magistrate judge's order imposing the sanction. (See Minute entry at Docket No. 117, and the transcript of the hearing during which the sanction was imposed at Docket No. 124).
(b) Accordingly, defendants’ motion for reconsideration filed at Docket No. 112 is DENIED. The $5,000 sanction that the magistrate judge imposed on defendants is GRANTED and AFFIRMED. The sanction shall be paid no later than October 13, 2023.
2. The Court has also reviewed and analyzed all docket entries pertaining to the sanctions that the magistrate judge recommended be imposed, including plaintiff's motion for sanctions (Docket No. 118), the magistrate judge's thorough and well-analyzed Report and Recommendation (R&R) (Docket No. 183), the defendants’ objection to the R&R (Docket No. 200), plaintiff's opposition to defendants’ objection (Docket Nos. 205 and 215), and defendants’ reply (Docket No. 217), and ADOPTS the R&R in its entirety, as follows:
a. The Court ORDERS, pursuant to Fed. R. Civ. P. 37(b)(2)(A)(ii), that defendants Triple-S Vida, Inc. (TSV) and Triple S Management Corporation (TSM) are prohibited from supporting or introducing evidence at trial or through summary judgment that other TSV and TSM employees were transferred as a reasonable accommodation. The Court also ORDERS that defendants TSV and TSM fully and accurately respond to Interrogatories 1-10 within seven (7) days of this order.
b. The Court ORDERS defendants TSV and TSM to produce all documents related to the decision makers within seven (7) days from the entry of this order.
c. The Court ORDERS defendants TSV and TSM to certify forthwith that they have in fact complied with a complete and adequate production of ESI and ESI metadata.
d. The Court ORDERS, pursuant to Fed. R. Civ. P. 37(b)(2)(A)(i), that the fact that defendants TSM and TSV are liable as joint employers or as an integrated enterprise is designated as established.
e. The Court ORDERS that defendants TSV and TSM are precluded from arguing, stating, or inferring that claimant Ivelisse González did not apply to the nine (9) positions referenced in the discovery requests; that the nine (9) positions referenced in the discovery requests were not vacant; or that claimant González was not qualified for any of the nine (9) positions referenced in the discovery requests. The Court also ORDERS that defendants TSV and TSM produce the supplemental responses they identified had already been prepared, and all pertinent information and materials necessary to make those responses adequate and correct, within seven (7) days from the entry of this order.
f. The Court ORDERS that Attorney Enrique del Cueto and Attorney Jaime Sanabria are each sanctioned in their personal capacities, and ORDERS each to pay the amount of $3,000 to the “Clerk, United States District Court” no later than October 13, 2023. The Court also ORDERS defendant TSM to respond to the EEOC's First Set of Interrogatories and First Request for Production within seven (7) days from the entry of this order.
*2 g. The Court ORDERS that that defendants TSV and TSM are precluded from raising privilege as a justification for failing to respond or produce discovery as to any interrogatory or request for production propounded by EEOC, other than those claims of privilege included in any response or production already disclosed and accompanied by a privilege log. Only those documents and materials already identified as privileged will be entitled to that claim for purposes of the litigation in this case. The Court also ORDERS that defendants TSV and TSM certify that they complied with producing the privilege log regarding the ESI materials to the EEOC within seven (7) days of the entry of this order.
h. The Court ORDERS that attorney's fees are awarded to EEOC for the costs it incurred in the preparation of the Motion for Sanctions as a joint and several liability on both TSV and TSM. No later than October 13, 2023, the EEOC will provide the Court with the attorneys’ fees and costs it incurred for the preparation of the motion for sanctions.
IT IS SO ORDERED.
San Juan, Puerto Rico, October 6, 2023.