Equal Employment Opportunity Commission v. Kelley Drye & Warren, LLP

Filing 71

Objection to Magistrate's Discovery Orders. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit certificate of service)(Burstein, Jeffrey)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY
:
COMMISSION,
:
ECF Case
:
Civil Action No. 10-cv-0655 (LTS)(MHD)
Plaintiff
:
:
v.
:
:
KELLEY DRYE & WARREN, LLP
:
:
:
Defendant.
:
---------------------------------------------------------------x

PLAINTIFF EEOC’S NOTICE OF ITS OBJECTIONS UNDER FED. R. CIV. P.
72(a) TO MAGISTRATE JUDGE DOLINGER’S JULY 15, 2011 ORDER ON
DISCOVERY ISSUES

Plaintiff Equal Employment Opportunity Commission (“EEOC”) respectfully files these
Objections pursuant to Fed. R. Civ. P. 72(a) to two discovery rulings of Magistrate Judge Dolinger
entered July 15, 2011: (1) denying EEOC’s request to compel Defendant Kelley Drye & Warren, LLP
(“Kelley Drye” or Defendant”) to produce requested compensation information of younger attorneys
(and instead limiting the provision of compensation information to only ten attorneys); and (2) denying
EEOC’s request to compel Defendant to provide a breakdown of the designation of client receipts for
ten attorney in a form similar to documents produced by Defendant concerning the Charging Party that
Defendant claims is supportive of its affirmative defenses. The rulings are contained in the transcript of
these July 15, 2011 proceedings attached to the accompanying Declaration of Jeffrey Burstein as
“Exhibit D.”

The undersigned certifies that EEOC attempted to resolve the two issues involved in the
Objections both through exchange of letters and telephone conversations prior to EEOC’s application
to Magistrate Judge Dolinger.
In support of these Objections, EEOC is filing herewith a Memorandum of Law and a
Declaration with exhibits of Jeffrey Burstein.

Dated: July 29, 2011

Respectfully Submitted
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

s/ Jeffrey Burstein
Jeffrey Burstein
Senior Trial Attorney
One Newark Center, 21st Floor
Newark, NJ 07102
Email: [e-mail]
Tel: [phone]
Fax: [phone]