Carol Brown v. John Potter

MEMORANDUM

Carol Brown sues the Postmaster General of the United States (the “Postal Service”) in an employment discrimination action arising under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. She asserts three claims: (1) disability discrimination, under 29 U.S.C. § 794 (d); (2) retaliation, under 29 U.S.C. § 791 (g); and (3) interference, coercion and intimidation, also under 29 U.S.C. § 791 (g). Disposing of competing discovery motions, the district court ruled against Brown on her motions to compel production of witness phone numbers and addresses, to strike the Postal Service’s medical experts, and for a protective order against an independent medical exam of Brown and release of her full medical records. It granted the Postal Service’s motion for summary judgment, dismissing Brown’s complaint with prejudice and awarding costs to the Postal Service.

Brown appeals both the grant of summary judgment and the denial of her discovery motions and asks that we reassign this case to a different judge on remand. Finding that issues of material fact suitable for trial remain on the merits of Brown’s disability discrimination and retaliation claims, we reverse the district…