Winmill, Lynn B., United States District Judge
In the first of three discovery opinions, the court held that plaintiff was entitled to discovery of emails sent by co-worker for purposes of fleshing out plaintiff’s defamation claim. The court further held that plaintiff’s discovery of emails would be limited to using plaintiff’s first and last name as parameters to the email search. Plaintiff had brought claim for defamation arising out of plaintiff’s termination from defendant’s employment of which the facts are accounted for in Willnerd v. Sybase, Inc., 2012 WL 5391270.
Plaintiff indicated to the court that his amended complaint would allege defamatory statements were made by and to former co-workers. Plaintiff requested that email communications of 30 employees be searched because anyone of them could have made the alleged defamatory statement. However, the court found that plaintiff had failed to link 29 of the 30 employees to an allegation that they defamed plaintiff with actual malice.
In doing so, the court noted plaintiff’s argument that some of the 29 employees had: (1) been aware of false reasons for plaintiff’s termination; (2) been impacted by a reorganization implemented by plaintiff and communicated with each other; (3) held management positions; and (4) even received an email warning them that they would be terminated if they spoke to plaintiff. The court held that the above facts was not enough to justify a search of the 29 co-workers’ emails as they did not demonstrate that they were reasonably calculated to reveal evidence of defamation.
Finally, the court rejected defendant’s argument that use of plaintiff’s first and last name as search terms would be overly burdensome because the search would be only limited to those emails of one co-worker.
v.
SYBASE, INC., a Delaware corporation, Defendant
Counsel
Thomas A. Banducci, Banducci, Woodard, Schwartzman, PLLC, Jennifer Schrack Dempsey, Greener, Burke & Shoemaker, PA, Boise, ID, Tamsen L. Leachman, Dunn, Carney, Allen, Higgins & Tongue, LLP, Portland, OR, for Plaintiff.B. Newal Squyres, Scott E. Randolph, Holland & Hart, Boise, ID, Amy A. Durgan, Christopher J. Keller, Richard J. Curiale, Curiale, Hirschfeld, Kraemer, LLP, Felicia R. Reid, San Francisco, CA, for Defendant.