Pro 2 Notes
We left off discussing compliance. We could go over a lot of different problems, but the important stuff is that you need to look at both Rule 37 and Rule 26(c) and (g). Is it better strategically to seek protective orders to prevent having to answer discovery, or is it better to object and wait for the other side to file motions to compel and then raise the same issues you would raise in a protective order? Yeazell says that it’s better not to rush for the protective order. You might be able to defuse a discovery dispute that will be enflamed by filing a protective order motion. (But to whose advantage is such strategy? The client? The attorney? “Justice?”)
Discovery and privacy – Stalnaker v. Kmart Corp.
is a “fair employment practices” case.
But it wasn’t reported in the Federal Supplement. It’s a run-of-the-mill case. What has Ms. Stalnaker
done? She has sued
this order, what questions can be asked?
How can you phrase a question about sexual activity with
Can the magistrate judge’s order be appealed? The discovery order isn’t dispositive of anything except what’s before you. So generally, there will be no appellate review of this kind of discovery dispute. But the statute that creates the magistrate judge’s jurisdiction does have an out for interlocutory review of matters that are “clearly erroneous”. If the magistrate makes a really bad mistake, you can ask the district court to review and reverse that mistake.