FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
`
`RECEIVED NYSCEF: 02/06/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`ALYSSA AMBER BONNET,
`
`
`
`
`
`Plaintiff,
`
`Index No. 811929/2023E
`
`v.
`
`DIG INN RESTAURANT GROUP LLC and
`DIG INN 2884 BROADWAY LLC,
`
`Defendants.
`
`
`
`PLAINTIFF’S FIRST SET OF
`DISCOVERY REQUESTS
`
`
`
`
`
`
`Plaintiff Alyssa Amber Bonnet (Bonnet), by her undersigned attorney, serves
`the following first set of discovery requests on Defendants Dig Inn Restaurant
`Group LLC and Dig Inn 2884 Broadway LLC, pursuant to CPLR 3101, 3120, and
`3130, and in accordance with the Preliminary Conference Order and Case
`Scheduling Order entered January 19, 2024.
`
`
`Responses to these requests are due within 20 days of service hereof unless
`otherwise agreed in writing by the parties.
`
`
`In answering these requests, Defendants are required to produce responsive
`documents and information in their possession, custody, or control. Any objections
`must be stated with reasonable particularity.
`
`Each response to requests for production of documents must state:
`(i) whether the objection(s) interposed pertains to all or part of the request being
`challenged; (ii) whether any documents or categories of documents are being
`withheld, and if so, which of the stated objection(s) forms the basis for the
`responding party’s decision to withhold otherwise responsive documents or
`categories of documents; and (iii) the manner in which the responding party intends
`to limit the scope of its production.
`
`Each interrogatory must be answered separately and fully, under oath.
`These requests are continuing in nature and must be amended or supplemented in
`accordance with CPLR 3101(h).
`
`These discovery requests are intended, and should be construed, to demand
`disclosure of all matter that is material and necessary to the prosecution or defense
`of this action. Note: These discovery requests are not intended, and should not be
`construed, to demand disclosure of privileged attorney-client communications
`and/or attorney work product involving present defense counsel (Gordon Rees Scully
`Mansukhani, LLP).
`
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`FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
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`RECEIVED NYSCEF: 02/06/2024
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`These requests are based upon, and assume familiarity with, the allegations
`set forth in Plaintiff’s Complaint filed September 5, 2023, and in Defendants’
`Answer filed December 5, 2023.
`
`The term “concerning” as used herein means “relating to, referring to,
`describing, evidencing, or constituting.” The term “identify” as used herein means
`to provide the person’s full name, job title, and current or last known contact
`information (mailing address; home, work, and/or mobile telephone numbers; and
`personal and/or work email addresses).
`
`Unless otherwise specified, the relevant time period for these discovery
`requests is August 16, 2021, to December 31, 2023.
`
`
`Request for the Production of Statements
`
`Request for the Production of Films, Photographs, Videotapes,
`Audiotapes
`
`Requests for the Production of Documents
`
`
`
`
`Pursuant to CPLR 3101(e), Plaintiff demands the production of any
`
`statements by Bonnet.
`
`
`
`
`
`Pursuant to CPLR 3101(i), Plaintiff demands the production of any films,
`
`photographs, videotapes, and/or audiotapes, including transcripts or memoranda
`thereof, and including out-takes, involving Bonnet.
`
`
`
`
`Pursuant to CPLR 3120, Plaintiff demands the production of the following
`
`documents (defined to the fullest extent permissible under the Rule, including but
`not limited to paper and electronic documents, handwritten, typed, and word
`processed documents, computer forms, files, and databases, emails, text messages,
`instant messages, voice messages, photographs, audio recordings, video recordings):
`
`
`1.
`
`2.
`
`3.
`
`
`
`Bonnet’s complete personnel files and records.
`Bonnet’s job application (including online, email, and in-person
`submissions).
`
`Job posting and position description for position(s) applied for by
`Bonnet.
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`FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
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`RECEIVED NYSCEF: 02/06/2024
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
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`Documents describing pay and benefits for Dig employees in positions
`like the one(s) applied for by Bonnet.
`
`All documented communications with Bonnet concerning her job
`application (including telephone calls, emails, text messages, and
`attachments).
`
`All documented communications with Bonnet concerning her new
`employee orientation/training (including telephone calls, emails, text
`messages, and attachments).
`
`All documented communications with Bonnet concerning the COVID-
`19 vaccination requirement for employees (including telephone calls,
`emails, text messages, and attachments).
`
`All text messages and attachments between David “DC” Cooper and
`Bonnet (including the text messages referred to in Complaint ¶¶ 26,
`35, 37, 40).
`
`including
`communications,
`and
`documentation
`internal
`All
`handwritten notes, computer entries, memoranda, emails, and text
`messages, concerning Bonnet’s job application and/or her request for a
`religious exemption to the COVID-19 vaccination requirement.
`
`10. Policies, procedures, and practices for protecting employees and
`customers from COVID-19 (including NY HERO Act safety and health
`plan, NY Forward written safety plan, posted signage).
`
`11. Policies, procedures, and practices for requiring COVID-19 vaccination
`for employees.
`
`12. Policies, procedures, and practices
`reasonable
`for providing
`accommodations based on religion and/or disability (medical) to the
`COVID-19 vaccination requirement for employees.
`
`13. All documents supporting Defendant’s Third Defense (documentary
`evidence).
`
`14. All documents supporting Defendant’s Fourth Defense (waiver).
`15. All documents supporting Defendant’s Fifth Defense (estoppel).
`16. All documents supporting Defendant’s Seventh Defense (laches).
`17. All documents supporting Defendant’s Eighth Defense (unclean
`hands).
`
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`FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
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`RECEIVED NYSCEF: 02/06/2024
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`18. The “written administrative regulations, orders, ruling approvals,
`interpretations, and/or administrative practices or policies pursuant to
`federal, New York State, and New York City laws” referred to in
`Defendant’s Tenth Defense.
`19. All documents supporting Defendant’s Fifteenth Defense (after-
`acquired evidence).
`
`20. All documents supporting Defendant’s Twenty-Fifth Defense (frivolous
`and bad faith litigation).
`
`21. All other documents that Defendants rely upon in defense of this
`action.
`
`
`
`
`
`Interrogatories
`
`Pursuant to CPLR 3130, Plaintiff demands the production of the following
`information:
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Identify all persons who participated in, attended, and/or witnessed
`the interview of Bonnet on or about November 9, 2022, as alleged in
`Complaint ¶ 18.
`
`Identify all persons who participated in, attended, and/or witnessed
`the interview of Bonnet on or about November 15, 2022, as alleged in
`Complaint ¶ 21.
`
`“DC” Cooper
`persons with whom David
`all
`Identify
`communicated/consulted/conferred concerning Bonnet’s COVID-19
`vaccination status and/or request for a religious exemption.
`
`Identify all other persons with personal knowledge of the allegations,
`claims, and/or defenses in this action, including describing the
`knowledge each person possesses.
`
`If Defendants contend that Bonnet lacked a bona fide, good faith
`religious objection to the COVID-19 vaccines, identify, with as much
`specificity as possible, the basis for this contention.
`
`If Defendants contend that it would have caused an undue hardship to
`grant Bonnet a religious exemption to the COVID-19 vaccination
`requirement, identify, with as much specificity as possible, the nature,
`scope, and cost of this alleged undue hardship.
`
`
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`FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
`
`RECEIVED NYSCEF: 02/06/2024
`
`7.
`
`8.
`
`9.
`
`10.
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`11.
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`12.
`
`13.
`
`14.
`
`Identify each DIG restaurant in New York City that was open for
`business during any part of the relevant time period, including the
`location name, physical street address, and dates of operation.
`
`State whether and to what extent Defendants have records and
`information concerning the numbers of employees (full-time and/or
`part-time) working at each DIG restaurant in New York City, on a
`daily, weekly, and/or monthly basis.
`
`State whether and to what extent Defendants have records and
`information concerning any employees (full-time and/or part-time)
`working at each DIG restaurant in New York City, who were identified
`(on any basis) as having COVID-19.
`
`State whether and to what extent Defendants have records and
`information concerning the COVID-19 vaccination status of employees
`(full-time and/or part-time) working at each DIG restaurant in New
`York City.
`
`State whether and the manner in which Defendants checked the
`COVID-19 vaccination status of customers at each DIG restaurant in
`New York City, after March 7, 2022 (when New York City ended its
`vaccine mandate for retail businesses).
`
`State whether and to what extent Defendants have records and
`information concerning any job applicants for positions at any DIG
`restaurant in New York City, (a) who requested a reasonable
`accommodation based on religion to the COVID-19 vaccination
`requirement for employees and (b) whose requests were approved or
`denied.
`
`State whether and to what extent Defendants have records and
`information concerning any job applicants for positions at any DIG
`restaurant in New York City, (a) who requested a reasonable
`accommodation based on disability (medical) to the COVID-19
`vaccination requirement for employees and (b) whose requests were
`approved or denied.
`
`State whether and to what extent Defendants have records and
`information concerning any employees (full-time and/or part-time)
`working at each DIG restaurant in New York City, (a) who requested a
`reasonable accommodation based on religion to the COVID-19
`vaccination requirement for employees and (b) whose requests were
`approved or denied.
`
`
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`FILED: BRONX COUNTY CLERK 02/06/2024 02:06 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 811929/2023E
`
`RECEIVED NYSCEF: 02/06/2024
`
`15.
`
`State whether and to what extent Defendants have records and
`information concerning any employees (full-time and/or part-time)
`working at each DIG restaurant in New York City, (a) who requested a
`reasonable accommodation based on disability (medical) to the COVID-
`19 vaccination requirement for employees and (b) whose requests were
`approved or denied.
`
`
`
`
`For Plaintiff Alyssa Amber Bonnet:
`
`
`
`
`By:
`
`/s/ Steven M. Warshawsky
`_____________________________________
`
`Steven M. Warshawsky, Esq.
`The Warshawsky Law Firm
`118 North Bedford Road, Suite 100
`Mount Kisco, NY 10549
`T: (914) 864-3353
`E: smw@warshawskylawfirm.com
`
`
` February 6, 2024
`
`
`
`Dated:
`
`
`
`
`
`
`
`To: David J. Grech, Esq.
`
`Gordon Rees Scully Mansukhani, LLP
`One Battery Park Plaza, 28th Floor
`New York, NY 10004
`(212) 269-5500
`dgrech@grsm.com
`VIA NYSCEF AND EMAIL ONLY
`
`
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