Background
Casandra Ann Hernández worked for the Drug Enforcement Administration in Puerto Rico for over twenty years. After filing an Equal Employment Opportunity complaint alleging discrimination and retaliation, she was terminated for insubordination and lack of candor. She appealed to the Merit Systems Protection Board, which upheld the termination. She then sued in federal district court, seeking discovery to prove retaliation, but the court granted summary judgment for the government.
The court’s reasoning
The court reviewed the denial of the Rule fifty-six D motion for abuse of discretion. It found that Hernández failed to show good cause for not obtaining the requested information earlier, despite having a full and fair opportunity to do so during prior litigation. Regarding the summary judgment, the court applied the mixed-case framework. It found substantial evidence supported the agency’s finding of insubordination. Furthermore, even assuming a prima facie case of retaliation, Hernández failed to provide evidence that the government’s legitimate, non-retaliatory reasons for termination were pretextual.
What it means going forward
The decision reinforces the requirement that federal employees must diligently pursue discovery within the prescribed timelines and limits the ability to use Rule fifty-six D motions as a last-minute tool to salvage summary judgment defenses.