Electronic Discovery Law

Posted at 11:51 AM on December 20, 2005 by K&L Gates

Party's Speculation That More Emails Exist Does Not Entitle Her to More

Washington v. Thurgood Marshall Academy, 232 F.R.D. 6 (D.D.C. 2005)

In this wrongful discharge case, plaintiff moved to compel the defendant to produce additional emails between defendant and plaintiff and others concerning plaintiff's claims. In support of her argument that the defendant's responses were deficient, she stated that she and other employees of defendant "'e-mailed each other constantly,'" that she had produced over 15 such emails in discovery, and that defendant had produced only five such emails. Plaintiff's argument was essentially that there "must be" more emails. Magistrate Judge Facciola denied the motion, concluding: "[P]laintiff's speculation that more e-mails exist does not entitle her to more and, therefore, the court will not compel defendant to produce more emails." 232 F.R.D. at 11.

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