Wagoner v. Lewis Gale Medical Center. LLC

2016 WL 3893135 (2016)

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Nature of the Case

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Facts

P worked as a security guard for D April 4, 2014, until he was terminated on June 12, 2014. P worked 16 hours per week and earned $12.49 per hour. On October 23, 2015, P, alleging that he suffered from dyslexia and that D wrongfully terminated his employment in violation of the Americans with Disabilities Act (ADA) sued D for discrimination, retaliation, and failure to accommodate in violation of the ADA. P contends that his dyslexia caused him to have difficulty reading and copying his posted work schedule, and that D denied his request for a written copy of the schedule, and that his termination violated the ADA. P sought production of ESI maintained by two custodians, Frank Caballos and Bobby Baker, who were P's supervisors. P limited the dates for any search to only four months and requested the following search terms: Jim OR Wagoner AND dyslexia OR dyslexic OR read OR reading OR slow OR ADA OR disabled OR disability OR security OR schedule OR copy OR copying. D does not have the capability to perform this global search. D obtained an estimate of $21,570 from a third-party vendor with an additional $24,000 estimated to review the documents retrieved. The search would involve seven computers that the two custodians had access to and an exchange server located in Tennessee. D claims the request is not proportional because P only worked for two months as a security guard, and his potential damages are less than the cost to perform the search.