Request for documents from the beginning of time is too broad, federal judge says
A federal judge has concluded he has to police discovery in a suit by a fired Ohio State University band director because of “discouraging” behavior by lawyers.
U.S. District Judge James Graham acted on Wednesday in a gender bias suit filed by former marching band director Jonathan Waters, the Associated Press reports. The university claims it fired Waters because of a “sexualized culture” in the band.
Graham said he reviewed discovery requests and responses, and concluded his intervention was needed. “The breadth and complexity of plaintiff’s initial requests, the objections and narrow responses of the defendants, and counsels’ intricate and convoluted correspondence about them is discouraging,” he wrote.
Graham cited this example: “The Ohio State University has scores of schools and colleges, hundreds of departments and almost 50,000 employees (counting student employees). Plaintiff’s request for production of documents No. 8 requires the university to produce all reports or communications from the beginning of time filed by any OSU employee or agent complaining of any adverse employment action or condition.”
Graham ordered the university to arrange depositions for the university president and an assistant vice president, provide affidavits for several other officials, and turn over minutes of meetings by the Board of Trustees. Lawyers can file plans for additional discovery after those procedures are completed next month, Graham said.
