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Swyear v. Fare Foods Corporation

United States District Court, S.D. Illinois

July 12, 2017

AMY SWYEAR, Plaintiff,
v.
FARE FOODS CORPORATION, Defendant.

          ORDER

          REONA J. DALY UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court to resolve a discovery dispute between Plaintiff Amy Swyear and Defendant Fare Foods Corporation. According to Swyear's amended complaint (Doc. 22), in June, 2015, she was hired by Fare Foods Corporation to work as an outside sales representative. Swyear asserts that she was subject to a hostile work environment and ultimately terminated for reporting sexual harassment. Swyear brings Title VII gender discrimination, sexual harassment and retaliation claims against the Defendant. The amended complaint also asserted a state law breach of contract claim, but that claim was subsequently dismissed. (See Doc. 41).

         The discovery dispute at issue arose during Swyear's deposition. During her deposition, the following exchange occurred:

Q [Shari Rhode, defense counsel]. Let me ask you a question. I'm assuming -- may I assume you've had discussions with your lawyer, and I'm not asking what they were?
You've had discussions about your case with your attorney?
A [Amy Swyear]. Yes.
Q. When you had any of these discussions was there anyone else present, like your mother or anybody else?
A. My mother was present on just the initial consultation.
Q. All right. Any of the other conversations that you had with your attorney, was there any other person present?
A. I believe just myself.
Q. So tell me what was discussed at the initial meeting when your mother was present.
MR. KAUFHOLD: Objection.
MS. RHODE: Based on what?
MR. KAUFHOLD: Attorney/client ...

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