United States District Court, D. Columbia.
For JOSHUA NESBITT, Plaintiff: Catharine E. Edwards, Sharon Yvette Eubanks, LEAD ATTORNEYS, EDWARDS KIRBY, LLP, Washington, DC.
For ERIC H. HOLDER, JR., Attorney General, Defendant: Benton Gregory Peterson, LEAD ATTORNEY, UNITED STATES ATTORNEY'S OFFICE, Washington, DC; Mercedeh Momeni, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC.
Royce C. Lamberth, United States District Judge.
Before the Court is the defendant's Motion to Strike Jury Demand . Upon consideration of that motion, the plaintiff's Opposition  thereto, and the Reply , the Court DENIES the defendant's motion.
Joshua Nesbitt, an African-American attorney, filed suit against his employer, the United States Department of Justice (" the Department" ), alleging one count of race discrimination in violation of Title VII of the Civil Rights Act of 1964. On September 5, 2013, the Court denied the Department's motion for summary judgment and provided a lengthy account of the facts in that opinion. Nesbitt v. Holder, Civil No. 12-717, ECF No. 26, 966 F.Supp.2d 52, 2013 WL 4763416 (D.D.C. Sept. 5, 2013). For purposes of the present opinion, the Court will highlight only those facts relevant to the Department's motion.
In his Complaint, Mr. Nesbitt sought compensatory damages and demanded a trial by jury on all claims. Complaint, ECF No. 1, at 7. As part of discovery, the Department deposed Mr. Nesbitt on December 4, 2012, and the following exchanged occurred:
Q. Anything else you wish to amend or complete? This is your chance to give us complete answers.
A. I've been doing that.
Q. That's great. No, no, I mean, if there's anything missing here, you're welcome to.
Q. So on page six, question number seven, we had asked you to identify each and every physical, emotional or mental illness, injury, ailment, loss, disability and/or condition for which you have sought or received treatment at any time within the last ten years. I presume that all your answers are listed here, all the information that would be responsive to that question are listed here?
A. No, because I don't believe that any medical ailments that I may have had in the last ten years are relevant to this employment discrimination claim. I've had a TS, top secret, SCI, sensitive compartmented information, clearance since before I joined the Office of Intelligence and so I would not have been able to obtain and maintain that level of clearance had I had any psychiatric or ...