Gregory P. Adams v. Best Western International, Inc., and Lawrence M. Cuculic

Summary

The United States District Court for the District of Nebraska resolves several discovery disputes in Gregory P. Adams v. Best Western International, Inc. and Lawrence M. Cuculic. The court declines to order a forensic examination of the plaintiff’s cell phone or additional AI-related communications, requires production of certain executive severance policy documents and an updated privilege log, and resolves remaining disputes under prior guidance. The amended order strikes and supersedes a December 10, 2025 order and sets a 14-day period for objections to the magistrate judge’s rulings.

Holdings

1. Defendants were not entitled to a forensic examination or further efforts concerning Plaintiff's cell phone or phones because Plaintiff had satisfied his obligation to respond to the requests for responsive text messages and the requested examination was not proportional to the needs of the case.
2. Defendants were not entitled to additional transcripts or communications concerning Plaintiff's use of AI software, chatbots, or other AI tools because Plaintiff had satisfied his obligation to respond and additional efforts were not proportional to the needs of the case.
3. Best Western International was required to produce its Executive Severance Policy and any amendments in effect from 2021 through 2024, but was not required to produce Plaintiff's additional requested materials.
4. Defendants were required to produce an updated privilege log containing the Bates-stamped documents discussed at the December 5, 2025 conference by December 24, 2025, and the log had to include any documents Defendants might offer in support of an affirmative defense; the court adopted December 4, 2023, as the presumptive privilege date.
5. Remaining written discovery disputes were resolved consistently with the court's November 17, 2025 guidance; the written-discovery deadline had expired; the parties were required to comply with the remaining deadlines in the Trial Setting Order; and objections under NECivR 72.2(a) had to be filed within 14 days of the order.

Questions Presented

1. Whether Defendants were entitled to a forensic examination of Plaintiff's cell phone or phones after Plaintiff responded to requests for responsive text messages.
2. Whether Defendants were entitled to additional transcripts or communications concerning Plaintiff's use of AI software, chatbots, or other AI tools.
3. Which executive severance-policy documents Best Western International was required to produce.
4. Whether Defendants were required to provide an updated privilege log identifying Bates-stamped documents and documents that might support an affirmative defense.
5. What deadlines and filing procedures governed the remaining discovery disputes and objections to the magistrate judge's order.

Disposition

other