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Civil Procedure Keyed to Yeazell
Wagoner v. Lewis Gale Medical Center, LLC
Citation:
2016 U.S. Dist. LEXIS 91323; 2016 WL 3893135 (W.D. Va. 2016)Facts
Plaintiff was a security guard for Defendant. Plaintiff was fired after approximately two months on the job. Plaintiff claimed that he had dyslexia and as a result had been unable to copy down his work schedule from the schedule posted on the wall. Plaintiff sued Defendant, claiming that his termination violated the Americans with Disabilities Act. Plaintiff sought production of all electronically stored information maintained by Plaintiff‘s former supervisors at Defendant. Plaintiff limited the request to a four-month period, and the following specific search terms when paired with Plaintiff‘s name: dyslexia, dyslexic, read, reading, slow, ADA, disabled, disability, security, schedule, copy, and copying. Defendant objected. Defendant’s e-mail system did not keep emails for more than three days after they were sent. As a result, Defendant would need to hire a third party to retrieve and review the information. Defendant argued that the cost of retrieving and reviewing the requested information—over $45,000—would be more than Plaintiff‘s potential damages in the lawsuit. Plaintiff moved to compel the production.
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Topic Resources
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Discovery