In a wrongful termination suit, Court disagreed with Plaintiff’s assertion that Defendant School District should have altered their document retention practices because they should have reasonably anticipated litigation in October 2004, because this was before plaintiff took FMLA leave and before the Board decided to replace plaintiff in March 2005. Furthermore, the Board could not have anticipated that all e-mails from that time on would be within the bounds of a discovery request for this particular matter. The court denied plaintiff’s request for production on this and other grounds.
Discovery Request seeking “[a]ll emails with attachments sent or received by anyone at the school since 1-1-97″ found overly broad, would clearly encompass e-mails not relevant to the litigation, and was not enforceable by the court. The court denied the Plaintiff’s request for production on this and other grounds.
Lewis v. School District #70, 2006 WL 2506465 (S. D. Ill).