Civil Procedure Keyed to Cound
Comas v. United Telephone Company of Kansas
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The Plaintiff sought production of the personnel files of four individuals whose treatment was at issue in this case, from the Defendant. Plaintiff also sought an internal investigation file prepared by Defendant in response to previous Equal Employment Opportunity Commission (EEOC) charges. Pursuant to FRCP Rule 26(a)(1) both parties agreed to voluntarily produce all relevant materials rather than proceed with formal discovery. The initial disclosures in this case included the personnel files of the four individuals whose treatment was at issue and Defendant’s investigation file from previous EEOC charges. With regard to the EEOC file, both parties agreed to an appropriate protective order. Defendant claimed the personnel files of persons other than Plaintiff should not be produced under this rule, but rather through formal discovery. Defendant did agree to produce redacted copies of all files. Plaintiff sought attorney’s expenses in bringing forth this motion to compel because of Defendant’s delay in production of the documents.
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