Khan v. Cello Partnership et al

Filing 42

ORDER following informal 41 Discovery Conference held this date. The parties are directed to submit a joint proposed scheduling order via CM/ECF on or before 11/22/2012. Signed by Magistrate Judge Karen L. Litkovitz on 11/15/2012. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

FAISAL KHAN,
Plaintiff,

Case No. 1:10-cv-118
Weber, J.
Litkovitz, M.J.

v.
CELLO PARNERSHIP
d/b/a VERIZON WIRELESS,
Defendant.

ORDER

This matter is before the Court following an informal discovery telephone conference
with the parties regarding plaintiffs request for certain defendant's employees' disciplinary
records. Plaintiff seeks the disciplinary records of managers who were investigated by Claire
Johnson, previously a Verizon Human Resources Consultant, for complaints of sexual comments
and/or harassment. Plaintiff has requested these files pursuant to deposition testimony from Ms.
Johnson that following her investigations, these individuals received discipline other than
termination; further, plaintiff seeks these records in order to clarify Ms. Johnson's previously
produced investigation notes and files. Plaintiff also requests that, if necessary upon a review of
these records, he be permitted to depose Ms. Johnson and/or her supervisor, Ms. Schnell, as it
pertains to their disciplinary decision-making processes. Defendant objects to producing these
files and witnesses on the basis of relevance, asserting that the records sought relate to
individuals not similarly-situated to plaintiff.
After hearing the parties' respective positions, the undersigned finds that plaintiff is
entitled to the limited discovery requested. Defendant shall produce the disciplinary records of
the approximately ten individuals investigated by Ms. Johnson. The scope of this production is
limited to the disciplinary records only- not their full personnel files; the production is limited to

the time period from 2003 to the present. Further, plaintiff is permitted to depose Ms. Johnson
and/or Ms. Schnell; such depositions shall be limited in scope to the witnesses' knowledge of the
discipline of the approximately ten employees at issue.
Given this ongoing discovery it is necessary to adjust various deadlines in this matter.
The parties are directed to submit a joint proposed scheduling order via the Court's electronic
filing system on or before November 22, 2012.

IT IS SO ORDERED.

~~~
Karen L. Litkovitz
United States Magistrate Judge

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