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Harris v. Otis Elevator Co.

Documents About Elevator's Repair, Maintenance by Otis Relevant in Personal Injury Action

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DECISION AND ORDER

*1  This case has been referred to the undersigned pursuant to Section 636(b)(1) of Title 28 of the United States Code, by the Honorable Richard J. Arcara, for all pretrial matters, including the hearing and disposition of all non-dispositive motions. Before the Court is plaintiff Schenique Harris’s (“plaintiff” or “Harris”) motion to compel discovery (Dkt. Nos. 35, 38) and defendant Otis Elevator Company’s (“Otis”) cross-motion to strike or quash discovery demands or alternatively for a protective order (Dkt. No. 37). For the following reasons, plaintiff’s motion to compel discovery is granted, defendant’s motion to strike or quash is denied, and defendant’s request that documents be produced pursuant to the terms of a protective order is granted.BackgroundPlaintiff commenced this personal injury action in New York State Supreme Court, County of Erie, on May 5, 2015. (Dkt. No. 1-3). Plaintiff alleges that when she was working at Women and Children’s Hospital on March 11, 2014, an elevator serviced, operated and maintained by defendant malfunctioned as she attempted to exit the elevator with a food cart, causing her to sustain serious injuries. (Id.). Defendant filed an

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