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12/22/10: Defense Response to Plaintiff's Requests - … of Interrogatories to Defendant. RESPONSE:...

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION CIVIL ACTION CASE NO. 5:09-cv-00244-KSF C. MARTIN GASKELL PLAINTIFF V. DEFENDANT UNIVERSITY OF KENTUCKY'S RESPONSES TO PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS. ELECTRONICALLY-STORED INFORMATION AND TANGIBLE THINGS UNIVERSITY OF KENTUCKY DEFEN DANT ** ** 9|C$ ** ** ** *% ** Comes the Defendant, University of Kentucky, by counsel, and for its Responses to the Plaintiffs First Set of Requests for Production of Documents, Electronically Stored Information and Tangible Things, states as follows: REQUEST NO. 1: Any and all documents, correspondence, tangible things, and electronically stored information that Defendant (its agents or third-parties) sent to, prepared for, or received from the federal Equal Employment Opportunity Commission, the Kentucky Commission on Human Rights, or any other agency or entity concerning Plaintiffs allegations against Defendant. RESPONSE: OBJECTION. The documents requested are not subject to discovery as they were prepared in anticipation of litigation and are work product. Without waiving this OBJECTION, see documents under Tab 1. REQUEST NO. 2: Any and all documents, correspondence, tangible things, and electronically stored information concerning any investigation by Defendant, its agents, or third parties of the events set forth in the Complaint filed in this action. Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 1 of 9 - Page ID#: 2261
Transcript

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF KENTUCKY

LEXINGTON DIVISIONCIVIL ACTION CASE NO. 5:09-cv-00244-KSF

C . M A R T I N G A S K E L L P L A I N T I F F

V. DEFENDANT UNIVERSITY OF KENTUCKY'S RESPONSESTO PLAINTIFF'S FIRST SET OF REQUESTS FOR

PRODUCTION OF DOCUMENTS. ELECTRONICALLY-STOREDINFORMATION AND TANGIBLE THINGS

U N I V E R S I T Y O F K E N T U C K Y D E F E N D A N T

* * * * 9 | C $ * * * * * * * % * *

Comes the Defendant, University of Kentucky, by counsel, and for its Responses to the

Plaintiffs First Set of Requests for Production of Documents, Electronically Stored Information

and Tangible Things, states as follows:

REQUEST NO. 1: Any and all documents, correspondence, tangible things, and

electronically stored information that Defendant (its agents or third-parties) sent to, prepared for,

or received from the federal Equal Employment Opportunity Commission, the Kentucky

Commission on Human Rights, or any other agency or entity concerning Plaintiffs allegations

against Defendant.

RESPONSE: OBJECTION. The documents requested are not subject to discovery as

they were prepared in anticipation of litigation and are work product. Without waiving this

OBJECTION, see documents under Tab 1.

REQUEST NO. 2: Any and all documents, correspondence, tangible things, and

electronically stored information concerning any investigation by Defendant, its agents, or third

parties of the events set forth in the Complaint filed in this action.

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 1 of 9 - Page ID#: 2261

RESPONSE: Please see Defendant's Response to Plaintiffs First set of Interrogatories.

Interrogatory No. 12 and documents supplied with those Interrogatory Answers under Tab 11.

REQUEST NO. 3: Any and all documents, correspondence, tangible things, and

electronically stored information concerning each oral or written complaint of religious

discrimination in employment against Defendant from January 1, 2004 to the present. These

should include those made against Defendant to an administrative agency such as the federal

Equal Employment Opportunity Commission, the Kentucky Commission on Human Rights or

other such agency or entity and also those made solely within the Defendant's corporate

structure.

RESPONSE: The University has received three religious discrimination complaints

since January 1, 2004. All three of the complaints were filed in 2007. Attached hereto under

Tab 3 are documents concerning the complaints of religious discrimination and the investigations

which ensued.

REQUEST NO. 4: Any and all documents, correspondence, tangible things, and

electronically stored information pertaining to any aspect of Defendant's efforts to fill the

position of Director of the MacAdam Student Observatory.

RESPONSE: The Defendant has already provided documents responsive to Request No.

4 with its Rule 26 Initial Disclosures. See additional documents under Tab 4.

REQUEST NO. 5: Any and all policies which set forth the process and procedures

governing Defendant's search to fill the position of director of the MacAdam Student

Observatory.

RESPONSE: There were no specific policies regarding the process and procedure

governing the Defendant's search to fill the position of Director of the MacAdam Student

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 2 of 9 - Page ID#: 2262

Observatory. The University's policy regarding staff employment or HR Policy No. 10, and the

University's Equal Opportunity Discrimination & Harassment Policy or HR Policy No. 2 are

attached hereto under Tab 5. The University's Human Resources policies are available on the

world-wide web at www.ukv.edu/HR/policies.

REQUEST NO. 6: Any and all policies which indicate how the ultimate decision would

be made, and was made, as to whom would be offered the position of Director of the MacAdam

Student Observatory.

RESPONSE: The University has no documents responsive to Request for Production of

Documents No. 6. Although the University has no policies responsive to Request No. 6,

documentation regarding how the search process worked and how the ultimate choice of

candidate was made were supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.

REQUEST NO. 7: Any and all documents, correspondence, tangible things, and

electronically stored information submitted to Defendant by persons who applied for the position

of Director of the MacAdam Student Observatory.

RESPONSE: See documents produced pursuant to Request for Production of

Documents No. 4.

REQUEST NO. 8: Any and all documents, correspondence, tangible things, and

electronically stored information submitted to Defendant, to the search committee charged with

filling the position of Director of the MacAdam Student Observatory, and/or one of the search

committee members, by any person regarding Defendant's efforts to fill the position of director

of the MacAdam Student Observatory.

RESPONSE: Documents responsive to Request for Production of Documents No. 8

were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 3 of 9 - Page ID#: 2263

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REQUEST NO. 9: Any and all documents, correspondence, tangible things, and

electronically stored information sent to or received by any employee or agent of Defendant

relating to the application process, hiring process, and/or decision process pertaining to

Defendant's efforts to fill the position of Director of the MacAdam Student Observatory.

RESPONSE: See Response to Request for Production of Documents No. 4.

Additionally. Documents responsive to Request for Production of Documents No. 9 were

provided to the Plaintiff with Defendant's Rule 26 Initial Disclosures.

REQUEST NO. 10: Any and all documents, correspondence, tangible things, and

electronically stored information sent to, received by, considered by, and/or written by Steven L.

Hoch involving Defendant's efforts to fill the position of director of the MacAdam Student

observatory, including anything concerning, involving, or pertaining to Plaintiff C. Martin

Gaskell.

RESPONSE: Defendant has no documents responsive to Request for Production of

Documents No. 10 other than documents supplied with Defendant's Rule 26 Initial Disclosures..

REQUEST NO. 11: Any and all documents, correspondence, tangible things, and

electronically stored information sent to, received by, considered by, and/or written by Kumble

R. Subbaswamy involving Defendant's efforts to fill the position of Director of the MacAdam

Student Observatory, including anything concerning, involving, or pertaining to Plaintiff C.

Martin Gaskell.

RESPONSE: Defendant has no documents responsive to Request for Production of

Documents No. 11 other than the documents which were supplied with Defendant's R. 26 Initial

Disclosures..

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 4 of 9 - Page ID#: 2264

_ . ^ ^ N

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REQUEST NO. 12: Any and all documents, correspondence, tangible things, and

electronically stored information sent to, received by, considered by, and/or written by any

person named in Defendant's initial disclosures involving Defendant's efforts to fill the position

of Director of the MacAdam Student Observatory, including anything concerning, involving, or

pertaining to Plaintiff C. Martin Gaskell.

RESPONSE: All documents responsive to Request for Production of Documents No. 12

were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures. See

Response to Request for Production of Documents No. 22 and documents produced under Tab

22.

REQUEST NO. 13: Any and all documents, correspondence, tangible things, and

electronically stored information which concerns or relates to Plaintiff, including, but not limited

to, his application for employment with Defendant, his religious beliefs, his professional writings

and opinions, and his past employment.

RESPONSE: See documents provided in response to Request for Production of

Documents No. 4. Any and all additional documents responsive to Request for Production of

Documents No. 13 were supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.

REQUEST NO. 14: Any and all documents, correspondence, tangible things, and

electronically stored information obtained by Defendant, its employees, or its agents, from any

person employed by or associated with the University of Nebraska and/or the University of

Texas concerning Plaintiff.

RESPONSE: The University has no documents responsive to Request for Production of

Documents No. 14.

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 5 of 9 - Page ID#: 2265

REQUEST NO. 15: Any and all documents, correspondence, tangible things, and

electronically stored information which set forth the employment duties, salary, and benefits for

Director of the MacAdam Student Observatory.

RESPONSE: The job posting for the Director of the MacAdam Student Observatory was

supplied to Plaintiff with Defendant's Rule 26 Initial Disclosures and was attached as an exhibit

to Plaintiffs deposition transcript.

REQUEST NO. 16: Any and all documents, correspondence, tangible things, and

electronically stored information concerning the facts or information that Defendant contends

refute, in any way, the allegations in Plaintiffs Complaint filed in this action.

RESPONSE: See documents produced by Defendant with Rule 26 Initial Disclosures.

REQUEST NO. 17: Any and all documents, correspondence, tangible things, and

electronically stored information concerning and supporting Defendant's affirmative defenses in

its Answer filed in this action.

RESPONSE: The University has no documents responsive to Request for Production of

Documents No. 17.

REQUEST NO. 18: Any and all documents, correspondence, tangible things, and

electronically stored information that were identified by Defendant in response to Plaintiffs First

Set of Interrogatories to Defendant.

RESPONSE: Documents referenced in Defendant's Answers to Plaintiffs First Set of

Interrogatories were supplied with the Defendant's Answers to Plaintiffs First Set of

Interrogatories.

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Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 6 of 9 - Page ID#: 2266

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REQUEST NO. 19: Any and all documents, correspondence, tangible things, and

electronically stored information to be used by Defendant in this action, including in support of

any dispositive motion and at trial.

RESPONSE: Unknown at the present time. This Response will be supplemented

pursuant to the Court's Pre-Trial Order.

REQUEST NO. 20: Any and all expert reports Defendant plans to use in defending this

action, including any and all drafts of said reports.

RESPONSE: The Defendant has not retained any experts at this time.

REQUEST NO. 21: Any and all documents considered and/or produced by any agency

of Defendant regarding any investigation pertaining to any matter relating to Defendant's search

to fill the position of Director of the MacAdam Student Observatory, including, but not limited

to, any investigation regarding Defendant's decision not to choose Plaintiff for said position.

RESPONSE: Documents responsive to Request for Production of Documents No. 21

were supplied with Defendant's Rule 26 Initial Disclosures. Additionally, see Defendant's

Answers to Plaintiffs First Set of Interrogatories and documents produced under Tab 11.

REQUEST NO. 22: Any and all diaries and/or notes written by any employee or agent

of Defendant concerning the application and hiring process for the position of Director of the

MacAdam Student Observatory, including any notes written during or after any interview of any

applicant for this position and any notes written during or after any meeting or conversation or

communication between two or more members of the search committee involving this position.

RESPONSE: Documents responsive to Plaintiffs Request for Production of Documents

No. 22 were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures. In

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 7 of 9 - Page ID#: 2267

addition to those documents, see a summary which was drafted by Advisory Commit!

Sally Shafer regarding interviews of various candidates under Tab 22.ee member

VERIFICATION

MICHAEL CAVAGNERO, CHAIRMANUNIVERSITY OF KENTUCKY

STATE OF KENTUCKY DE?T' °F PHYSICS & ASTRONOMY

COUNTY OF FAYETTE

^ Q f ^ b s c r i b e ^ ^ b e f o r e m e b y M j c h a e | C a y a g n e r 0 j Q n ( h . s

My commission expires:

NOTARY PUBLIC

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Respectfully submitted,

PNP RRV^IZ' fNK,NS' PREWITT & JONES, PSCPNC Bank Plaza, Suite 710200 West Vine StreetLexington, Kentucky 40507-1620Telephone: (859) 255-6885, Ext. 114Facsimile: (859) 253-9709E-Mail: [email protected]

&Cull&i&COUNSEL FOR DEFENDANTUNIVERSITY OF KENTUCKY

CERTIFICATE OF SEP Vinr

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 8 of 9 - Page ID#: 2268

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I hereby certify that a true and accurate copy of the foregoing pleading has been servedby mail upon the following parties on this the JO day of fuJlfAAAdUvf , 2010:

Original to:Geoffrey R. SurteesFrancis J. ManionAmerican Center for Law & Justice6375 New Hope RoadNew Hope, KY 40052andEdward L. White, IIIAmerican Center for Law & Justice5068 Plymouth RoadAnn Arbor, Ml 48105Counsel for Plaintiff

^cuMuji a -fi^BARBARA A. KRIZ

Case: 5:09-cv-00244-KSF-REW Doc #: 55-1 Filed: 12/22/10 Page: 9 of 9 - Page ID#: 2269

Case: 5:09-cv-00244-KSF-REW Doc #: 44-2 Filed: 10/19/10 Page: 1 of 2 - Page ID#: 2156

Case: 5:09-cv-00244-KSF-REW Doc #: 55-2 Filed: 12/22/10 Page: 1 of 2 - Page ID#: 2270

Case: 5:09-cv-00244-KSF-REW Doc #: 44-2 Filed: 10/19/10 Page: 2 of 2 - Page ID#: 2157

Case: 5:09-cv-00244-KSF-REW Doc #: 55-2 Filed: 12/22/10 Page: 2 of 2 - Page ID#: 2271


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