Markie Transue v. Davis County and Arnold Butcher

Summary

The court grants Markie Transue’s motion to compel Davis County and Arnold Butcher to produce documents underlying summary charts concerning sexual-harassment and gender-based-misconduct complaints. The court finds the requested materials relevant and proportional to the needs of the case, but denies attorneys’ fees because the defendants’ position was substantially justified.

Holdings

1. Documents relating to defendants' handling and investigation of other sexual-harassment and gender-based-misconduct complaints were relevant to Transue's claims and proportional to the needs of the case.
2. Defendants could not create summary charts or rely on witness testimony as a substitute for producing documents responsive to Transue's document requests.
3. Attorney's fees were denied because defendants' position was substantially justified insofar as they made a colorable argument concerning burden.

Questions Presented

1. Whether documents concerning defendants' handling and investigation of other sexual-harassment and gender-based-misconduct complaints were relevant and proportional to the needs of the case under Federal Rule of Civil Procedure 26(b)(1).
2. Whether defendants could satisfy document requests by producing summary charts and witness testimony instead of the underlying responsive documents.
3. Whether Transue was entitled to attorney's fees under Federal Rule of Civil Procedure 37(a)(5)(A) after prevailing on the motion to compel.

Disposition

other