1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Nov 28, 2023 3 SEAN F. MCAVOY, CLERK 4
5 UNITED STATES DISTRICT COURT
6 EASTERN DISTRICT OF WASHINGTON
7 JENNIFER TYLER, No: 2:19-CV-00172-MKD
8 Plaintiff, ORDER DENYING MOTION FOR PROTECTIVE ORDER 9 v. ECF No. 53 10 CHELAN COUNTY and CHELAN COUNTY SHERIFF’S OFFICE, 11 Defendants. 12
13 Before the Court is Defendants’ Motion for Protective Order, ECF No. 53. 14 Defendant seeks a protective order precluding discovery into certain topics. For 15 the reasons stated herein, Defendant’s motion is DENIED. 16 BACKGROUND 17 After Chelan County fired Plaintiff in 2010, the parties attended private 18 arbitration that resulted in her reinstatement. ECF No. 1 at 4 ¶ 5.1; ECF No. 53 at 19 2. Plaintiff sued Chelan County in 2013, which resulted in summary judgment on 20 1 certain claims, and a jury trial on others in March 2018. ECF No. 53 at 3-4; ECF 2 No. 56 at 4.
3 Plaintiff began the instant suit with her Complaint filed May 17, 2019. ECF 4 No. 1. Plaintiff pursues sex discrimination and retaliation claims under federal and 5 state statutes, and various theories of state law negligence. ECF No. 1 at 2 ¶ 1.1.
6 Plaintiff alleges that she was subject to harassment and retaliation following the 7 state court litigation. ECF No. 1 at 4-5 ¶¶ 5.1-5.9. On October 13, 2023, Plaintiff 8 served Defendants a Fed. R. Civ. P. 30(b)(6) notice and her third set of 9 interrogatories and requests for production. ECF Nos. 54-7, 54-8. Defendants
10 objected, the parties met and conferred, and could not reach an agreement. ECF 11 No. 53 at 5. Defendants now seek a protective order. 12 LEGAL STANDARD
13 “[T]he scope of discovery is . . . any nonprivileged matter that is relevant to 14 any party’s claim or defense and proportional to the needs of the case . . . .” Fed. 15 R. Civ. P. 26(b)(1). Relevancy is “construed broadly to encompass any matter that
16 bears on, or that reasonably could lead to other matter that could bear on, any issue 17 that is or may be in the case.” Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 18 351 (1978). 19 Fed. R. Civ. P. 26(c) provides that “[a] party or any person from whom
20 discovery is sought may move for a protective order in the court where the action 1 is pending . . . . The court may, for good cause, issue an order to protect a party or 2 person from annoyance, embarrassment, oppression, or undue burden or expense . .
3 . .” “Rule 26(c) confers broad discretion on the trial court to decide when a 4 protective order is appropriate and what degree of protection is required.” Seattle 5 Times Co. v. Rhinehart, 467 U.S. 20, 36 (1984).
6 DISCUSSION 7 Defendants seek a protective order from discovery into: (1) their 8 employment policies from 2010 to 2018; (2) guidance, instruction, and directives 9 related to after Plaintiff’s 2013 reinstatement; (3) actions taken related to alleged
10 harassers following Plaintiff’s 2013 reinstatement; (4) any investigation into 11 Plaintiff’s 2013 reinstatement. ECF No. 53 at 4-5; ECF Nos. 54-7, 54-8. 12 Defendants argue that all issues related to pre-2018 conduct has been
13 decided in state court, thereby “prohibit[ing] Plaintiff from conducting this 14 discovery.” ECF No. 53 at 6. In essence, Defendants argue the discovery sought 15 is irrelevant. Defendants further argue that the requests are overbroad,
16 argumentative, and unduly burdensome. 17 A. Whether the Discovery is Relevant 18 The doctrines of “claim preclusion,” “issue preclusion,” “collateral 19 estoppel,” and/or “res judicata” prevent parties from re-litigating issues decided by
20 a prior court. See Migra v. Warren City School Dist. Bd. of Ed., 465 U.S. 75, 77 1 n.1 (1984); Rains v. State, 674 P.2d 165, 169 (Wash. 1983). These doctrines are 2 substantive defenses, most often argued in motions to dismiss or for summary
3 judgment. See, e.g., Ruiz v. Snohomish Cnty. Pub. Util. Dist. No. 1, 824 F.3d 1161, 4 1164-68 (9th Cir. 2016); Valley View Health Care, Inc. v. Chapman, 992 F. Supp. 5 2d 1016, 1044-48 (E.D. Cal. 2014); Seattle-First Nat’l Bank v. Kawachi, 588 P.2d
6 725, 726 (Wash. 1978). Here, Defendants argue that Plaintiff had claims relating 7 to pre-2018 conduct decided in state court, therefore this Court cannot allow 8 discovery into pre-2018 conduct. 9 The doctrines cited are substantive legal principles used to determine if relief
10 is available as a matter of law. Defendants offer no case law demonstrating their 11 use as a boundary to discovery. To the contrary, the scope of discovery is defined 12 primarily by relevance, proportionality, and burden. Fed. R. Civ. P. 26(b)(1). The
13 relevance of the discovery sought, here, is not diminished by the fact that Plaintiff 14 previously pursued claims from the same conduct. As Plaintiff highlights in 15 opposition, her claims allege harassment and retaliation arising in the wake of the
16 March 2018 trial. ECF No. 59 at 4-11. It is logical that actions and circumstances 17 from before March 2018 would be relevant to harassment and retaliation following 18 March 2018, at minimum as evidence of means, motive, and state of mind. 19 As to burden and proportionality, Defendants do not argue a particular
20 hardship from answering the discovery requests. Defendants only vaguely offer 1 that they “should not be forced to search for thirteen years of information on events 2 that have been fully litigated and adjudicated, as it would be costly, unduly
3 burdensome and not calculated to discover relevant information.” ECF No. 60 at 4 9-10. Defendants have offered no indication of the cost of such a search, the time 5 and manpower it would take, or what other hardships would be imposed.
6 The Court declines to grant a protective order on the basis that the 7 information sought is irrelevant due to res judicata or collateral estoppel. 8 B. Whether the Discovery is Argumentative, Overbroad, and Unduly Burdensome 9 Defendants argue that some of Plaintiff’s discovery requests are 10 argumentative, overbroad, and seek irrelevant information. ECF No. 53 at 10-13. 11 Many of Defendants’ arguments are vague. See ECF No. 53 at 11 (arguing that 12 “Plaintiff’s 30(b)(6) topics are overbroad,” while only providing two general 13 examples). The Court addresses only the arguments specifically stated. 14 Defendants argue that certain of the Fed. R. Civ. P. 30(b)(6) topics and 15 written discovery requests are argumentative and producing a deponent would 16 amount to an admission. ECF No. 53 at 10. The Court agrees that some of the 17 language used evokes a particular response or inference. Fed. R. Civ. P. 30
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1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Nov 28, 2023 3 SEAN F. MCAVOY, CLERK 4
5 UNITED STATES DISTRICT COURT
6 EASTERN DISTRICT OF WASHINGTON
7 JENNIFER TYLER, No: 2:19-CV-00172-MKD
8 Plaintiff, ORDER DENYING MOTION FOR PROTECTIVE ORDER 9 v. ECF No. 53 10 CHELAN COUNTY and CHELAN COUNTY SHERIFF’S OFFICE, 11 Defendants. 12
13 Before the Court is Defendants’ Motion for Protective Order, ECF No. 53. 14 Defendant seeks a protective order precluding discovery into certain topics. For 15 the reasons stated herein, Defendant’s motion is DENIED. 16 BACKGROUND 17 After Chelan County fired Plaintiff in 2010, the parties attended private 18 arbitration that resulted in her reinstatement. ECF No. 1 at 4 ¶ 5.1; ECF No. 53 at 19 2. Plaintiff sued Chelan County in 2013, which resulted in summary judgment on 20 1 certain claims, and a jury trial on others in March 2018. ECF No. 53 at 3-4; ECF 2 No. 56 at 4.
3 Plaintiff began the instant suit with her Complaint filed May 17, 2019. ECF 4 No. 1. Plaintiff pursues sex discrimination and retaliation claims under federal and 5 state statutes, and various theories of state law negligence. ECF No. 1 at 2 ¶ 1.1.
6 Plaintiff alleges that she was subject to harassment and retaliation following the 7 state court litigation. ECF No. 1 at 4-5 ¶¶ 5.1-5.9. On October 13, 2023, Plaintiff 8 served Defendants a Fed. R. Civ. P. 30(b)(6) notice and her third set of 9 interrogatories and requests for production. ECF Nos. 54-7, 54-8. Defendants
10 objected, the parties met and conferred, and could not reach an agreement. ECF 11 No. 53 at 5. Defendants now seek a protective order. 12 LEGAL STANDARD
13 “[T]he scope of discovery is . . . any nonprivileged matter that is relevant to 14 any party’s claim or defense and proportional to the needs of the case . . . .” Fed. 15 R. Civ. P. 26(b)(1). Relevancy is “construed broadly to encompass any matter that
16 bears on, or that reasonably could lead to other matter that could bear on, any issue 17 that is or may be in the case.” Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 18 351 (1978). 19 Fed. R. Civ. P. 26(c) provides that “[a] party or any person from whom
20 discovery is sought may move for a protective order in the court where the action 1 is pending . . . . The court may, for good cause, issue an order to protect a party or 2 person from annoyance, embarrassment, oppression, or undue burden or expense . .
3 . .” “Rule 26(c) confers broad discretion on the trial court to decide when a 4 protective order is appropriate and what degree of protection is required.” Seattle 5 Times Co. v. Rhinehart, 467 U.S. 20, 36 (1984).
6 DISCUSSION 7 Defendants seek a protective order from discovery into: (1) their 8 employment policies from 2010 to 2018; (2) guidance, instruction, and directives 9 related to after Plaintiff’s 2013 reinstatement; (3) actions taken related to alleged
10 harassers following Plaintiff’s 2013 reinstatement; (4) any investigation into 11 Plaintiff’s 2013 reinstatement. ECF No. 53 at 4-5; ECF Nos. 54-7, 54-8. 12 Defendants argue that all issues related to pre-2018 conduct has been
13 decided in state court, thereby “prohibit[ing] Plaintiff from conducting this 14 discovery.” ECF No. 53 at 6. In essence, Defendants argue the discovery sought 15 is irrelevant. Defendants further argue that the requests are overbroad,
16 argumentative, and unduly burdensome. 17 A. Whether the Discovery is Relevant 18 The doctrines of “claim preclusion,” “issue preclusion,” “collateral 19 estoppel,” and/or “res judicata” prevent parties from re-litigating issues decided by
20 a prior court. See Migra v. Warren City School Dist. Bd. of Ed., 465 U.S. 75, 77 1 n.1 (1984); Rains v. State, 674 P.2d 165, 169 (Wash. 1983). These doctrines are 2 substantive defenses, most often argued in motions to dismiss or for summary
3 judgment. See, e.g., Ruiz v. Snohomish Cnty. Pub. Util. Dist. No. 1, 824 F.3d 1161, 4 1164-68 (9th Cir. 2016); Valley View Health Care, Inc. v. Chapman, 992 F. Supp. 5 2d 1016, 1044-48 (E.D. Cal. 2014); Seattle-First Nat’l Bank v. Kawachi, 588 P.2d
6 725, 726 (Wash. 1978). Here, Defendants argue that Plaintiff had claims relating 7 to pre-2018 conduct decided in state court, therefore this Court cannot allow 8 discovery into pre-2018 conduct. 9 The doctrines cited are substantive legal principles used to determine if relief
10 is available as a matter of law. Defendants offer no case law demonstrating their 11 use as a boundary to discovery. To the contrary, the scope of discovery is defined 12 primarily by relevance, proportionality, and burden. Fed. R. Civ. P. 26(b)(1). The
13 relevance of the discovery sought, here, is not diminished by the fact that Plaintiff 14 previously pursued claims from the same conduct. As Plaintiff highlights in 15 opposition, her claims allege harassment and retaliation arising in the wake of the
16 March 2018 trial. ECF No. 59 at 4-11. It is logical that actions and circumstances 17 from before March 2018 would be relevant to harassment and retaliation following 18 March 2018, at minimum as evidence of means, motive, and state of mind. 19 As to burden and proportionality, Defendants do not argue a particular
20 hardship from answering the discovery requests. Defendants only vaguely offer 1 that they “should not be forced to search for thirteen years of information on events 2 that have been fully litigated and adjudicated, as it would be costly, unduly
3 burdensome and not calculated to discover relevant information.” ECF No. 60 at 4 9-10. Defendants have offered no indication of the cost of such a search, the time 5 and manpower it would take, or what other hardships would be imposed.
6 The Court declines to grant a protective order on the basis that the 7 information sought is irrelevant due to res judicata or collateral estoppel. 8 B. Whether the Discovery is Argumentative, Overbroad, and Unduly Burdensome 9 Defendants argue that some of Plaintiff’s discovery requests are 10 argumentative, overbroad, and seek irrelevant information. ECF No. 53 at 10-13. 11 Many of Defendants’ arguments are vague. See ECF No. 53 at 11 (arguing that 12 “Plaintiff’s 30(b)(6) topics are overbroad,” while only providing two general 13 examples). The Court addresses only the arguments specifically stated. 14 Defendants argue that certain of the Fed. R. Civ. P. 30(b)(6) topics and 15 written discovery requests are argumentative and producing a deponent would 16 amount to an admission. ECF No. 53 at 10. The Court agrees that some of the 17 language used evokes a particular response or inference. Fed. R. Civ. P. 30(b)(6) 18 only requires that the matters for examination are described with “reasonable 19 particularity.” The purpose of the rule is to put the deponent on notice of what will 20 be asked, so that the deponent can prepare a designee. Buie v. District of 1 Columbia, 327 F.R.D. 1, 9 (D.D.C. 2018). It is a rule of practicality. The Court 2 disagrees that producing a designee amounts to an admission to inartfully worded
3 topics. The deponent must produce a “number of persons as will satisfy the 4 request, but more importantly, prepare them so that they may give complete, 5 knowledge, and binding answers on behalf of the corporation.” Chrimar Sys. V.
6 Cisco Sys., 312 F.R.D. 560, 563 (N.D. Cal. 2016). The deposition testimony might 7 one day become evidence, but not the notice of topics. If Defendants assert that a 8 topic contains factual errors, their duty extends only to provide as full answers as 9 possible, they are not required to endorse an opinion or factual assertions in a
10 notice of topics. Id. A deponent may respond to a line of inquiry by denying it, or 11 by claiming ignorance. Id. 12 Defendants argue overbreadth in seeking “information on individuals who
13 are not similarly situated to Plaintiff” and that “Plaintiff cannot claim economic 14 damages,” rendering her request for pay information irrelevant. ECF No. 53 at 11. 15 Again, Defendants advocate a merits-based position to strictly bind discovery.
16 ECF No. 53 (citing Vasquez v. Cnty. of Los Angeles, 349 F.3d 634, 641 (9th Cir. 17 2003)). Plaintiff claims sex discrimination and retaliation, information about how 18 Defendants have paid people in the past is relevant. Defendants are free to 19 challenge the admissibility of such evidence and may assert its merits-based
20 arguments in a merits-based motion. 1 Accordingly, IT IS HEREBY ORDERED: 2 1. Defendants’ Motion for Protective Order, ECF No. 53, is DENIED.
3 IT IS SO ORDERED. The District Court Executive is directed to enter this 4 Order and provide copies to the parties. 5 DATED November 28, 2023.
6 s/Mary K. Dimke MARY K. DIMKE 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12
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