Tilton v. Capital Cities/ABC Inc.

938 F. Supp. 748, 1995 U.S. Dist. LEXIS 21344, 1995 WL 877127
CourtDistrict Court, N.D. Oklahoma
DecidedMay 24, 1995
DocketNo. 92-C-1032-BU
StatusPublished

This text of 938 F. Supp. 748 (Tilton v. Capital Cities/ABC Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tilton v. Capital Cities/ABC Inc., 938 F. Supp. 748, 1995 U.S. Dist. LEXIS 21344, 1995 WL 877127 (N.D. Okla. 1995).

Opinion

ORDER

BURRAGE, District Judge.

This matter comes before the Court upon Defendants’ Motion in Limine to Preclude the Introduction of Certain Evidence at Trial Concerning the Newsman’s Privilege, Employment Contracts, Financial Information and Personal Information (Docket Entry # 292). Plaintiff has responded to the motion and Defendant has replied thereto. Based upon the parties’ submissions, the Court makes its determination.

[749]*749 Confidential Sources

In their motion, Defendants seek to preclude Plaintiff from questioning Defendants or their witnesses at trial concerning their confidential sources. Defendants assert that this Court has previously ruled that Plaintiff was not entitled to discover the identity of the confidential sources on the basis that Plaintiff had not satisfied his stringent burden under the Oklahoma Shield Law and the First Amendment reporter’s privilege. In addition, Defendants assert that they do not intend to rely upon any confidential sources nor any information obtained in confidence from such sources in defense of this action. Therefore, Defendants contend that Plaintiff should not be able to question Defendants or their witnesses about any matter concerning their confidential sources.

Plaintiff, in response, contends that he is entitled to ask Defendants or their witnesses as to the source of any information upon which any of Defendants rely at trial in defense of this action. If the answer is a confidential source, Plaintiff states that he is entitled to inquire further. Plaintiff also states that he is entitled to question any defense witness at trial about any matter relating to John Michael Taylor, Wally Turn-bull and Eleanor (Betty) Turnbull.

Upon review, the Court finds that Defendants’ motion should be granted to the extent that Plaintiff may not inquire of Defendants at trial as to the identity of any confidential source or information obtained in confidence from any confidential source so long as Defendants do not rely on any confidential sources or information obtained in confidence from any confidential sources in their defense of this action. The Court finds that Plaintiff may ask Defendants about the sources of information on which they rely in their defense at trial. The Court also finds that Plaintiff may inquire as to any matter relating to John Michael Taylor, Wally Turn-bull and Eleanor (Betty) Turnbull.

Unpublished Information

Defendants, in their motion, seeks to preclude Plaintiff from questioning any witness about any matter pertaining to unpublished information solely concerning W.V. Grant, Larry Lea or any other ABC news reports and from referring to any of this information during the course of trial. Defendants assert that during discovery, Plaintiffs counsel has been permitted to conduct a limited review of material which contained information relating to both Plaintiff as well as W.V. Grant, Larry Lea or other ABC news reports to determine whether any information concerning Plaintiff may have been mistakenly redacted from those documents. Defendants contend that Plaintiffs counsel’s review has been completed and Plaintiff has submitted 15 documents for the Court’s review. Defendants assert that Plaintiff should be precluded from questioning any witness about the unpublished information relating solely to W.V. Grant, Larry Lea and other ABC news reports since it is protected under the Oklahoma Shield Law. Defendants also contend that Plaintiffs counsel has should be barred from referring to any such information during the course of trial. Defendants further request that Plaintiffs counsel be required to return all such privileged materials to Defendants.

In response to Defendants’ motion, Plaintiff states that he is not interested in questioning any witness about unpublished information solely concerning W.V. Grant, Larry Lea or other ABC news reports. Plaintiff, however, states that he is entitled to question witnesses in regard to documents which contain information relating to Grant or Lea which also contain information regarding Plaintiff. Plaintiff states that Defendants’ request for the documents is premature as some are the best copies of those documents and others establish context to enable Plaintiffs counsel to properly assess their significance which became apparent only after the completion of depositions.

The Court has previously denied Plaintiffs attempt to obtain production of Grant and Lea materials on the basis that those materials are privileged under Oklahoma law. The Court did permit Plaintiffs counsel to review previously redacted Grant and Lea materials to determine whether any information concerning Plaintiff was mistakenly redacted from those documents. After reviewing the documents, Plaintiff has chosen 15 for examination by the Court. As to the other privi[750]*750leged Grant and Lea materials, however, the Court finds that Plaintiff is not entitled to use or refer to those documents at trial. The Court, therefore, finds that Defendants’ motion should be granted to the extent it seeks to preclude Plaintiff from using or referring to the privileged Grant and Lea materials, save and except the 15 documents which are before the Court for resolution. Plaintiff is directed to return the privileged documents to Defendants within ten (10) days from the date of this Order.

Employment Contracts

Defendants request that Plaintiff be precluded from inquiring about the employment contracts of the individual Defendants Diane Sawyer and Roberta Gordon. Defendants contend that the Court has previously ruled that these contracts have no relevance to these proceedings. Despite this ruling, Defendants contend that Plaintiff has continued to attempt to discern information contained in these contracts during discovery and Defendants anticipate that Plaintiff will attempt to use or refer to information of this nature during trial. Defendants also state that they inadvertently produced to Plaintiff a document containing information concerning Roberta Gordon’s contract with ABC. Defendants state that at the deposition of Roberta Gordon, ABC’s counsel informed Plaintiffs counsel of the mistake and stated that he would replace the document with a correctly redacted copy. Plaintiffs counsel has not returned the document to Defendants and they request the Court to direct Plaintiffs counsel to return the inadvertently produced document, (bearing bates number A22750R), to Defendants.

Plaintiff, in response, states that he sought the contracts of Diane Sawyer and Roberta Gordon on the basis that he desired to see if there were incentive bonuses tied to ratings of the programs in which they participate. According to Plaintiff, the Court found no such provisions in the contracts and therefore denied Plaintiff access to those contracts on that basis. Plaintiff states that since the Court’s ruling, he has found that there is an indemnity clause in the contracts which would make the contracts discoverable. In addition, Plaintiff states that it is his theory that the employment contracts were substantially altered after the initial PrimeTime Live broadcast and notice of this suit in order to secure perjured testimony of Defendants, specifically, with reference to the destruction of a videotape allegedly taken at the dumpster of the main downtown bank. He states that the contracts should be discoverable on that basis.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
938 F. Supp. 748, 1995 U.S. Dist. LEXIS 21344, 1995 WL 877127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilton-v-capital-citiesabc-inc-oknd-1995.