Williams v. District Of Columbia

806 F. Supp. 2d 44 (D.D.C. 2011)

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Nature of the Case

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Facts

D responded to P's first set of document requests. Included was the 'recommendation to terminate packet,' which consisted of approximately 104 pages of documents pertaining to the termination of P's employment with D. Included was a two-page e-mail communication involving the then-Deputy General Counsel for D's Department of Health, discussing certain matters relating to P's proposed termination. D sought the return of the communication. In the succeeding two years and eight months, the parties proceeded as if nothing had happened at all. The matter was revived when the parties began preparing in earnest for the trial. D filed this Motion to Exclude Plaintiff's Exhibit 9A. D contends that providing an opposing party with notice of an inadvertent disclosure under Rule 26(b)(5)(B) is sufficient to constitute 'reasonable steps to rectify the error.'