Wednesday, October 09, 2013
Ind. Decisions - ND Ind. issues opinion in Herx motion to compel discovery
Plaintiff Emily Herx’s Motion to Compel Complete Responses to Written Discovery. Herx is a former Catholic elementary school teacher whose employment contract was not renewed after it learned she was pregnant through in vitro fertilization treatment, purportedly in violation of the “morals clause” of her contract. * * *
For the reasons stated below, the Motion will be GRANTED IN PART and DENIED IN PART. Specifically, the Motion will be DENIED as to the Diocese’s Response to Request for Admission No. 14, the School’s Answers to Interrogatories Nos. 15 and 16, and the Diocese’s Answers to Interrogatories Nos. 15 and 16. The Motion will be GRANTED as to all remaining discovery requests, but the scope of discovery will be limited to teachers who, from January 1, 2006, to June 22, 2011, were employed by the Diocese, and who signed a Regular Teaching Contract containing a “morals clause” identical to the one Herx signed.
Posted by Marcia Oddi on October 9, 2013 09:23 AM
Posted to Ind Fed D.Ct. Decisions