EAST ST. LOUIS – Madison County resident Leslie Raymond agreed to settle an employment suit against Thomas Industrial Coatings after U.S. Magistrate Judge Gilbert Sison sanctioned her for discovery violations.
Her lawyer C.J. Baricevic of Belleville and defense counsel Bryan Kaemmerer of Chesterfield, Mo. reported the agreement to Sison on Aug. 16.
Sison sanctioned Raymond in June, ordering her to pay for her own deposition and pay Kaemmerer for work he performed to enforce discovery orders.
Raymond sued Thomas Industrial Coatings last July, in Madison County, alleging sexual harassment, sexual assault, sexual battery, retaliation, and intentional infliction of distress.
Kaemmerer removed the suit to district court, asserting diversity jurisdiction as a Missouri business.
He moved to dismiss claims of assault, battery, and distress.
Baricevic didn’t respond to the motion and Sison granted it, leaving claims of harassment and retaliation in place.
Baricevic’s response to interrogatories came late and contained illegible documents and other deficiencies.
Deficiencies continued and in March, Sison gave Baricevic 14 days to comply with discovery orders.
Baricevic filed a response 53 minutes before midnight on the 14th day.
Kaemmerer claimed it didn’t resolve all open items, and he moved for sanctions.
He claimed her history of ignoring discovery requests and providing incomplete and evasive responses was well documented.
He claimed she hindered Thomas Industrial Coatings from acquiring evidence it needed to depose her.
At a hearing in May, Sison asked Baricevic if he or Raymond was responsible.
Baricevic said it was mostly him.
Sison gave him four days to comply.
Responses came but Kaemmerer claimed Raymond didn’t verify them.
Sison sanctioned her, finding she didn’t sign documents Baricevic sent her.
He didn’t sanction Baricevic.
“He has struggled with side effects from new medications and ongoing symptoms from Covid-19, both of which have impacted his ability to practice,” Sison wrote.
Sison warned that he would sanction Baricevic if he should contribute to future deficiencies in discovery.
He directed Thomas Industrial Coatings to request admissions by June 25.
He ruled that he would deem them admitted if Raymond didn’t verify her response.
When the deadline arrived, Baricevic and Kaemmerer advised Sison that they engaged in settlement discussions.
They requested an extension and Sison gave them two weeks.
They requested another extension and he gave them two weeks.
On July 14, Baricevic’s colleague Grey Chatham entered an appearance.
The parties requested another extension on July 29, stating mediation was the most likely way to facilitate discussions.
Sison ordered them to submit a report within seven days of mediation.
On Aug. 16, they told Sison they reached an agreement to resolve the case through mediation with Bradley Winters on Aug. 13.
They told Sison they anticipated finalizing all matters such that dismissal with prejudice could be filed in 45 days.
On Aug. 17, Sison directed the clerk to enter judgment with prejudice in 60 days.
He wrote that if they don’t finalize they settlement, they could move to postpone entry of judgment before the period expires.