Kennedy v. Columbus Manufacturing, Inc. et al

Filing 58

ORDER by Judge Edward M. Chen Re 55 Parties' Joint Letter Brief Re Discovery Dispute. (emcsec, COURT STAFF) (Filed on 1/26/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAKAN KIP KENNEDY,
Plaintiff,

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Case No. 17-cv-03379-EMC
ORDER PARTIES’ JOINT LETTER
BRIEF RE DISCOVERY DISPUTE

v.
COLUMBUS MANUFACTURING, INC.,
et al.,

Docket No. 55

For the Northern District of California

United States District Court

Defendants.
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The parties have submitted a joint letter regarding a discovery dispute. Docket No. 55.

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Plaintiff Hakan Kip Kennedy seeks materials beyond that produced by Defendants Columbus

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Manufacturing, Inc., and Andrea Wilson in response to Mr. Kennedy’s request for production of

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documents and interrogatories. Defendants object that Mr. Kennedy’s requests exceed the bounds

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of Phase One of discovery, which is limited to materials pertaining to the validity or enforceability

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of a severance agreement between Mr. Kennedy and Defendants. For example, Defendants object

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to the request for communications between Columbus Manufacturing employees.

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Mr. Kennedy has expressed his intent to argue for the rescission of the severance

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agreement on theories of duress and undue influence. “Under California law, economic duress can

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serve as a basis for invaliding a release or waiver.” Johnson v. Int’l Bus. Machs., 891 F. Supp.

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522, 528 (N.D. Cal. 1995) (quoting U.S. for Use and Benefit of Reed v. Callahan, 885 F.2d 1180,

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1184 (9th Cir. 1989)). The defendant’s knowledge of the plaintiff’s “economic exigencies” is an

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element of economic duress. Id. at 530. Accordingly, Columbus Manufacturing’s internal

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communications and records demonstrating knowledge of Mr. Kennedy’s economic exigencies are

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relevant to Mr. Kennedy’s claims and discoverable under Rule 26 of the Federal Rules of

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Procedure. Defendants shall therefore PRODUCE materials requested by: Request for Production

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of Documents, Nos. 1, 2, 8, 9, 10; Interrogatory Set 1, Nos. 3, 6, 10; and Interrogatories Set 2, No.

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6. Production shall be limited to materials tending to demonstrate Defendants’ knowledge of Mr.

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Kennedy’s economic status during negotiations regarding the severance agreement.

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Mr. Kennedy’s other requests are DENIED as irrelevant to the validity and enforceability

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of the severance agreement. Mr. Kennedy might make some of these requests in Phase Two, if his

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suit reaches that stage.

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This order disposes of Docket No. 55.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: January 26, 2018
______________________________________
EDWARD M. CHEN
United States District Judge

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