1-1700-14682-2

HR File No. 37501

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF HUMAN RIGHTS

 

Aisha Barnard,                        Complainant, vs.   Midwest Delivery Service, Inc.,                         Respondent.

ORDER TO COMPEL

The above-entitled matter came on before the undersigned for hearing on July 16, 2002, on Complainant’s motion to compel.  The motion was filed July 3, 2002.  The Respondent replied on July 9, 2002.

          Complainant is represented by Sonja Dunnwald Peterson, Esq., 1150E Grain Exchange Building, 412 South Fourth Street, Minneapolis, MN 55415.  Respondent is represented by Thomas Lehmann, Esq., Lehmann & Lutter, P.A., 1380 Corporate Center Curve, Suite 214, Eagan, MN  55121.

          Based upon all the records and files herein,

IT IS HEREBY ORDERED:

1.                 Complainant’s motion to compel is granted in part.

2.                 Within five working days from the date of this Order, Respondent is ordered to respond as follows:

a.               Provide a more detailed summary of the expected testimony of any of the persons identified in the answer to Interrogatory No. 4 if the Respondent will call them as witnesses.

b.               Produce personnel files for all persons identified in Interrogatories Nos. 5-7 that have not been produced.

c.               State whether or not it believes that any of its employees identified in Interrogatories Nos. 5-7 were non-Caucasian and, if so, identify them.

d.               Provide answers to the questions raised in Ms. Peterson’s letter of June 7, 2002 regarding Interrogatories Nos. 9-11.

e.               Provide the complete answer to Interrogatory No. 12 under oath.

f.                Produce the personnel files for the employees listed at pp. 17-18 of Respondent’s answers (set I) and state Respondent’s belief as to the race of any non-Caucasian employees.

3.                 The Complainant’s motion for attorney’s fees is denied.

4.                 A failure to comply with this Order may result in any of the sanctions set out in Minn. Rule 1400.6700.

 

Dated this

day of

2002.

 

                                                                

GEORGE A. BECK

Administrative Law Judge