Stewart v. Falley's, Inc.

2001 WL 1318371 (2001)

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Nature of the Case

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Facts

Beverly, D's Human Resources Director, learned that P had made a report of sexual harassment. Beverly called P to inquire about the complaint and was told: “talk to [my] lawyer.” P's attorney sent a letter advising that P had filed a charge of discrimination with EEOC and that any future communications concerning P's termination should be directed to her counsel. Beverly commenced an investigation. After interviewing several witnesses, she prepared a summary of her investigation and opinion about P's claims. D provided P with the actual handwritten statements made by witnesses. P's motion seeks production of the memo containing Beverly's summary and opinion. D contends that Rule 26(b)(3) protects the memorandum from discovery.