Civil Procedure Keyed to Friedenthal
Zubulake v. UBS Warburg LLC
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff was hired in 1999 as a senior salesperson for Defendant company. Plaintiff was passed over for a promotion, and the person who ended up with the job, Matthew Chapin, proceeded to harass Plaintiff. Plaintiff filed a charge of gender discrimination with the EEOC, and she was fired shortly thereafter. Plaintiff then filed federal, state and city charges of gender discrimination. Plaintiff requested all of Defendants’ email correspondence concerning Plaintiff as part of discovery, and they initially agreed to a scope of discovery. Defendants did not turn over archived emails because they claim that it would cost $175,000 not including attorney’s fees to gather the data.
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