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Civil Rights: Jobs | Massachusetts
Order on Motion to Compel
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 19 Motion to Compel. While the court lauds the parties for their ability to narrow the issues in this discovery dispute (Sophia agreed to produce written complaints; to produce non-privileged documents concerning Plaintiff's own complaint against Tiao Guan; to supplement several of its interrogatory answers as discovery develops; and to reconsider its response to Request for Admission No. 13), the court will review the remaining discovery disagreements.As to the first category of documents, plaintiff requests materials concerning Sophia's internal investigation, which Sophia maintains are protected by the attorney-client privilege and the work-product doctrine (Interrogatories 5, 9, and 10 and Document Requests 3, 21, and 22). As officers of the court, the court will accept counsel's representations regarding privilege. The scope of discovery concerning other complaints and investigations involving Mr. Guan (Interrogatories 7 and 8 and Document Requests 13, 14, and 19). Under state privacy law, defendants are not permitted to produce non-party employee files, except those of the same type, typically in redacted form, subject to a protective order. If the case law fails to guide counsel's decisions regarding the extent of "same-type" production, the court will review those remaining documents in camera.Contract-related contention discovery (Interrogatories 16, 17, 18, 22, and 26 and Request for Admission 13). Again, as officers of the court, counsel must follow the law regarding "overbreadth, irrelevance, privilege and prematurity defects", but the court will review in camera any documents in this category where counsel is unsure of its discoverability. This motion to compel is mostly DENIED except as to the parties' agreement as to deferred production and as to any "same-type" complaints made against Mr. Guan. Any documents submitted to the court for in camera review, must be sent c/o of our docket clerk Jacqueline Martin, no later than September 15, 2026. Lastly the court warns that non-produced documents may not be used as exhibits in dispositive motions or at trial. (MZ)
Opposition to Motion
Opposition re 19 MOTION to Compel filed by Ross Muken, Sophia Genetics, Inc.. (Attachments: # 1 Affidavit)(Preiss, Mark)
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