McCarthy v. Ameritech Publ'g, Inc., No. 13-3331 (6th Cir. 2014)
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The employer implemented a force reduction in its Dayton, Ohio, office in 2008. Managers informed McCarthy that her position would be terminated the following month and provided McCarthy with two options. She could retire and receive a lump-sum termination payment. If she selected this option, she was allegedly told that she would not receive certain retirement benefits. She chose the other option, entering AT&T’s Employment Opportunity Pool to continue to receive healthcare benefits and a reduced wage until she reached age 65 in May 2009, when she retired with full benefits. In August 2010 McCarthy filed suit. During the litigation, McCarthy submitted several requests for admission (RFAs), but the employer refused to admit the veracity of the disputed facts. More than a year later, the employer turned over an email establishing that one of the disputed facts was true. McCarthy moved for sanctions under Federal Rule of Civil Procedure 37(c)(2). The district court granted the request, awarding $15,313.11, a fraction of what she sought. The Sixth Circuit remanded for recalculation of the amount.
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