Archive: July 21, 2006

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Summary Judgment Not Avoided By Reviving Past Discovery Disputes; Court Criticizes Plaintiff’s Overly Broad Pre-Suit Preservation Letter

Summary Judgment Not Avoided By Reviving Past Discovery Disputes; Court Criticizes Plaintiff’s Overly Broad Pre-Suit Preservation Letter

Turner v. Resort Condos. Int’l, LLC, 2006 WL 1990379 (S.D. Ind. July 13, 2006)

In this opinion, the court granted defendants’ motion for summary judgment on plaintiff’s pregnancy discrimination claim, and denied plaintiff’s motion for sanctions based on alleged discovery abuses. In ruling on the motion for summary judgment, the court found that plaintiff had not come forward with any evidence that raised a reasonable dispute about the reasons behind her termination. “She has noted the use of two font sizes on a single document and metadata suggesting that one of the [Reduction in Force] lists was modified after the lawsuit was filed. However, the most recent document production and the deposition testimony of RCI’s in-house information technology witness establish that at least nine emails confirmed Turner’s inclusion in the RIF before she told anyone at RCI that she was pregnant.” Read More

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