Defendant Ordered to Allow Informal Interview of Employee Familiar with Defendant’s Efforts to Locate Missing Email Attachment
Fischer v. UPS, 2006 WL 1046973 (E.D. Mich. Apr. 19, 2006)
In this wrongful termination case, plaintiff had requested the production of certain salary information. Defendant had produced a responsive email that referenced an attachment, but the attachment was not produced. Defendant represented that it was unable to locate the attachment. Plaintiff was unwilling to simply accept defendant’s claim that the attachment could not be located, and asked to depose someone familiar with defendant’s retrieval efforts. Ruling on plaintiff’s discovery motion, the magistrate struck a compromise, and ordered defendant’s counsel to arrange an informal telephone conference with an employee of defendant who was familiar with defendant’s efforts to locate the attachment. Read More