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Butta-Brinkman v. FCA International, Ltd.

United States District Court, N.D. Illinois, Eastern Division
Nov 21, 1995
164 F.R.D. 475 (N.D. Ill. 1995)

Summary

holding defendant not required to turn over confidential settlement agreements reached in other cases absent showing that plaintiff would be unable to obtain the relevant information through other discovery

Summary of this case from Simmons v. Philips Elecs. N. Am. Corp.

Opinion

         Employer sought relief from discovery order compelling employer to provide employee with information documentation relating to allegations, charges or complaints of sexual harassment at company during proceeding five years. The District Court, Aspen, Chief Judge, held that: (1) employer was not entitled to have discovery limited to allegations of sexual harassment involving employee's alleged harasser or allegations of harassment only in office where employee worked, but (2) absent showing by employee that she would be unable to obtain relevant information through other means, employer was not required to turn over confidential settlement agreements reached in other cases involving sexual harassment.

         Objections overruled in part and sustained in part.

         Ernest Thomas Rossiello, Margaret Ann Zuleger, Rossiello & Associates, Chicago, IL, for plaintiff.

          Bruce R. Alper, Janet Marie Hedrick, Vedder, Price, Kaufman & Kammholz, Chicago, IL, Allan M. Dabrow, Gina M. Ameci, Peter A. Muhic, Mitchell Feigenbaum, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, PA, for defendant.


          MEMORANDUM OPINION AND ORDER

          ASPEN, Chief Judge:

          Defendant FCA International (" FCA" ) objects to several aspects of an order entered by Magistrate Judge Guzman on September 28, 1995, in which he granted in part and denied in part the plaintiff's motion to compel. Specifically, the Magistrate Judge ordered FCA to provide Butta-Brinkman with information and documentation relating to any allegations, charges, or complaints of sexual harassment at the company during the preceding five years. Defendant argues that this order does not limit discovery to relevant information, and improperly requires the disclosure of confidential documents. We will reverse or modify a nondispositive pretrial order such as this one only if it is shown to be " clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a).

Initially, Defendant also objected to the discovery of documentation protected by the attorney-client privilege or the work-product doctrine. However, because of a subsequent favorable ruling by Magistrate Judge Guzman on these issues, the defendant has withdrawn these objections to the September 28 order.

          Defendant argues that discovery in this matter should be limited to allegations of sexual harassment involving the plaintiff's alleged harasser, or allegations of harassment in the Lombard, Illinois office where Plaintiff was employed. However, even if a hostile work environment was created by Butta-Brinkman's co-worker, in order to hold FCA liable the plaintiff would still have to demonstrate that the company failed to take appropriate remedial action. See Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994). While it is true that complaints about sexual harassment in other offices of FCA would not be relevant to show that the plaintiff herself endured a hostile work environment, see Dellert v. Total Vision, Inc., 875 F.Supp. 506, 511 (N.D.Ill.1995) (" Statements about which [the plaintiff] was unaware cannot have created a hostile environment." ), they may be probative of whether FCA's harassment policy was adequate, see Phillip v. ANR Freight Sys., Inc., 945 F.2d 1054, 1056 (8th Cir.1991). Accordingly, because allegations of harassment at other offices may be relevant to the plaintiff's case, this objection is overruled.

          Defendant next objects to the production of those documents that would undermine the company's policy of conducting confidential investigations into complaints of sexual harassment. While we recognize the significant interests served by a confidentiality policy, we believe them to be outweighed by the importance of allowing the discovery of evidence that can support a claim of sexual harassment. Cf. University of Pennsylvania v. E.E.O.C., 493 U.S. 182, 193, 110 S.Ct. 577, 584, 107 L.Ed.2d 571 (1990) (rejecting argument that confidentiality of peer reviews justified noncompliance with EEOC subpoena). Moreover, we decline to adopt a position which would permit companies to preclude the discovery of all documentation relating to previous charges of sexual harassment simply by enacting a confidentiality policy. To the extent FCA wishes to keep the names of complaining employees confidential, it may seek a protective order under Fed.R.Civ.P. 26(c). However, we do not believe that FCA should be permitted to avoid discovery altogether. Accordingly, this objection is overruled.

Specifically, FCA's policy manual states:

          Finally, the defendant contends that it should not be required to turn over confidential settlement agreements reached in other cases involving sexual harassment. FCA argues that the strong congressional policy favoring settlement weighs in favor of keeping such documents protected, so long as the information is available through other means. See Cook v. Yellow Freight Sys., Inc., 132 F.R.D. 548, 554-55 (E.D.Cal.1990) (denying motion to compel production of documents containing information about confidential settlement discussions); Bottaro v. Hatton Assocs., 96 F.R.D. 158, 160 (E.D.N.Y.1982) (denying motion to compel production of settlement agreement); see also Grove Fresh Distribs., Inc. v. John Labatt, Ltd., 888 F.Supp. 1427, 1441 (N.D.Ill.1995) (" And while there is simply no legitimate public interest to be served by disclosing settlement agreements, the parties to the agreement are likely to have a compelling interest in keeping the settlement amount confidential." ) (quotations omitted). We find this reasoning compelling. Absent a showing by the plaintiff that she will be unable to obtain the relevant information through other discovery requests or interrogatories, we believe these settlement documents ought to retain their confidentiality. Accordingly, we sustain this portion of FCA's objection, and deny the plaintiff's motion to compel the production of confidential settlement agreements reached with other employees.

         For the reasons set forth above, the defendant's objections are overruled in part and sustained in part. It is so ordered.

Wherever possible, FCA will protect the confidentiality of complainants and witnesses in all matters related to sexual harassment issues.

Def.'s Obj., Ex. B, at 5.


Summaries of

Butta-Brinkman v. FCA International, Ltd.

United States District Court, N.D. Illinois, Eastern Division
Nov 21, 1995
164 F.R.D. 475 (N.D. Ill. 1995)

holding defendant not required to turn over confidential settlement agreements reached in other cases absent showing that plaintiff would be unable to obtain the relevant information through other discovery

Summary of this case from Simmons v. Philips Elecs. N. Am. Corp.

holding that the "strong congressional policy favoring settlement weighs in favor of keeping such documents protected, so long as the information is available through other means"

Summary of this case from In re Subpoena Issued to Commodity Futures Trading

holding that an employer was not entitled to have discovery limited to allegations of sexual harassment involving an employee's alleged harasser or allegations of harassment only in the office where the employee worked

Summary of this case from McIntyre v. Main Street and Main Incorporated

holding defendant not required to turn over confidential settlement agreements reached in other sexual harassment cases in absence of showing plaintiff will be unable to obtain the relevant information through other discovery

Summary of this case from Folb v. Motion Picture Industry Pension & Health Plans

finding that confidential settlement agreements were not discoverable "[a]bsent a showing by the plaintiff that she will be unable to obtain the relevant information through other discovery requests or interrogatories"

Summary of this case from Wilson v. Kautex

declining to limit discovery of other employees' complaints, because company-wide information was relevant to defendant's anti-harassment policy's effectiveness

Summary of this case from Ahad v. S. Ill. Sch. of Med.

In Butta-Brinkman v. FCA International, 164 F.R.D. 475 (N.D. Ill. 1995), McIntyre v. Main Street, 2000 U.S. Dist. LEXIS 19617 (N.D. Cal. 2000) and Thornton v. Mercantile Stores Co., 180 F.R.D. 437 (M.D. Ala. 1998), more extended discovery was allowed to show that the employer's remedial actions were inadequate.

Summary of this case from Sommerfield v. City of Chicago

precluding discovery of actual settlement documents which contained information easily obtainable through other discovery requests

Summary of this case from Channelmark Corp. v. Destination Products Intl., Inc.
Case details for

Butta-Brinkman v. FCA International, Ltd.

Case Details

Full title:Linda BUTTA-BRINKMAN, Plaintiff, v. FCA INTERNATIONAL, LTD., d/b/a…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Nov 21, 1995

Citations

164 F.R.D. 475 (N.D. Ill. 1995)

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