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Rupcich v. United Food and Commercial Workers International

May 17, 2013

RUPCICH
v.
UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 881 ET AL



Name of Assigned Judge John Z. Lee Sitting Judge if Other or Magistrate Judge than Assigned Judge Jeffrey Gilbert

CASE TITLE

DOCKET ENTRY TEXT

Plaintiff's Motion to Compel Documents and for Sanctions [Dkt.#36] is denied. See Statement below.

O[ For further details see Statement below.] Notices mailed by Judicial staff.

STATEMENT

This matter is a hybrid action under Section 301 of the Labor Management relations Act, in which Plaintiff alleges that defendant Jewel Food Stores ("Jewel") breached its collective bargaining agreement with defendant United Food and Commercial Workers International Union Local 881 ("Union") by terminating Plaintiff's employment without cause and that the Union breached its fiduciary duty owed to Plaintiff by failing to pursue her grievance to arbitration. Plaintiff filed the instant Motion to Compel Documents and for Sanctions, requesting that the Court compel Jewel and the Union to produce documents regarding certain alleged privileged communications between outside counsel for Jewel and the Union after the litigation was filed and to sanction Defendants for their failure to identify the documents as privileged in response to Plaintiff's initial discovery requests.

On October 23, 2012, Plaintiff served discovery requests, specifically seeking the following information in Request for Documents Nos. 15 and 17:

15. All correspondence, emails or other communications between the Union and Jewel concerning, regarding, relating or referring to the incident that occurred on January 19, 2012 in a Jewel store involving Plaintiff.

17. All correspondence, emails or other communications between Jewel between anyone at Jewel or acting for or on behalf of Jewel and anyone at the Union, acting for or on behalf of the Union, with respect to the incident that occurred on January 19, 2012 in a Jewel store involving Plaintiff, the subsequent suspension and termination of Plaintiff, and the grievance and arbitration process.

Both Jewel and the Union responded to the October 23, 2012 discovery requests, produced responsive documents in their possession and represented that they had not withheld any documents responsive to Request Nos. 15 and 17.

On March 12, 2013, Plaintiff served a Supplemental Request for Production of Documents, requesting:

1. All documents and/or correspondence concerning, regarding, relating, referencing, referring to or discussing mutual understanding(s) or joint defense agreements(s) between Jewel and Union; and

2. All correspondence, emails or other communications between Defendant's counsel discussing mutual understanding(s) or joint defense agreement(s) with respect to defense of this case.

Both Defendants informed Plaintiff that they were withholding two documents and asserted a joint defense privilege, attorney-client privilege and/or attorney ...


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