Tuesday, August 12, 2008
What Are Their Names?
The witnesses, the various people covered by the plaintiffs' (PERS Coalition in White) motion for discovery. The ubiquity of technology is on display as the attorneys go for broke in trying to gain access to all the various ways the lawyers, the PERB, and the employers communicated in the run-up to the settlement agreement culminating in the White case now. The web site for the Coalition Attorneys (here), is ripe with every document produced so far for this trial. Of course, we won't get to see all the good stuff uncovered in discovery until the trial. But you can bet that the defendants are scrambling right now to either ditch crucial technology (at some risk, I might add), or are madly trying to assemble it in an order that won't reveal their true motives in rushing the settlement agreement out of the door. Stay tuned. This is bound to get a lot more interesting and exciting as time rolls on. It will be "fright night" on display in Judge Kantor's court just before Halloween. I'll be there complete with costume.
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2 comments:
Ah, the wonder of it all... reading betwixt the lines of the discovery request is an interesting vital tactic: attorney-client communication isn't priveledged IF IT HAS ALREADY BEEN SHARED WITH OTHERS.
To whom was it sent?
Who got copies?
Drafts, amended drafts, second drafts, edited drafts, and final documents...?
There is a great big fence around communications between attorneys and clients, but other communications don't have that protection, and one can often see through such a fence... knotholes are for peeking.
Indeed! I've wondered why it has taken so long to see a discovery motion like this - even in the Strunk consolidated cases. I'm truly excited to see what the defense will provide and what excuses they come up with to not provide certain things. Bet they are scrambling now.
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