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Cole v. Towers Perrin Forster & Crosby

Citations: 256 F.R.D. 79; 2009 WL 424737Docket: Civil 3:07CV01377 (CFD)

Court: District Court, D. Connecticut; February 8, 2009; Federal District Court

Narrative Opinion Summary

In this case, the court addressed a motion to compel discovery in a dispute involving claims of age and disability discrimination following the plaintiff's termination from a consulting unit. The court partially granted and denied the plaintiff's motion, applying Federal Rule of Civil Procedure 26(b)(1) to assess the relevance of the requested discovery. It determined that the defendant's late objections were not waived and required the defendant to revise certain responses, including providing additional information and documentation where relevant. The court found the plaintiff's request for records from specific years to be justified and ordered the production of telephone numbers for certain individuals. Additionally, the court deemed the plaintiff's narrowed requests for information about other discrimination claims pertinent, as the defendant did not demonstrate undue burden. However, the court denied the plaintiff's motion to compel further employee data relating to billable hours beyond what had already been provided, citing undue burden concerns. The defendant was instructed to confirm the production of all relevant documents for some requests. The court's decisions are subject to review under the 'clearly erroneous' standard, with objections required to be filed within ten days. The ruling on reasonable fees will be addressed in subsequent proceedings.

Legal Issues Addressed

Defendant's Obligation to Confirm Document Production

Application: The defendant must confirm whether all responsive documents have been produced for certain requests, ensuring full compliance with discovery obligations.

Reasoning: However, for Requests 7-13, the defendant must confirm whether all responsive documents have been produced.

Judicial Discretion in Discovery Objections

Application: The court exercised discretion to allow the defendant's late objections to discovery requests, indicating such objections were not automatically waived.

Reasoning: The court found that defendant's late objections to discovery requests were not waived, exercising judicial discretion.

Production of Employee Data and Burden Considerations

Application: The court found the defendant's provided employee data from 2005-2006 sufficient for the plaintiff's needs, rejecting the motion to compel further data due to undue burden.

Reasoning: The court finds this information sufficient for the plaintiff's performance comparison and evaluation of unit function post-termination, denying the motion to compel regarding these interrogatories.

Relevance of Other Discrimination Claims

Application: Requests for information about other discrimination claims were granted as relevant, with limitations imposed to avoid undue burden on the defendant.

Reasoning: Additionally, the request for information regarding other age and disability discrimination claims was deemed relevant and granted as limited, with the defendant failing to demonstrate that the narrowed requests were overly broad or burdensome.

Review and Objection to Discovery Rulings

Application: The discovery ruling is subject to review under the 'clearly erroneous' standard, allowing for written objections within a specified timeframe.

Reasoning: This discovery ruling is subject to review under the 'clearly erroneous' standard, and written objections must be filed within ten days of service.

Scope of Discovery under Federal Rule of Civil Procedure 26(b)(1)

Application: The court applied Rule 26(b)(1) to determine the relevance of the discovery requests, granting those pertaining to non-privileged matters that are relevant to the age and disability discrimination case.

Reasoning: Under Federal Rule of Civil Procedure 26(b)(1), parties may obtain discovery related to any non-privileged matter relevant to the case.