Eastern District of Wisconsin U.S. District Court Grants Motion to Compel Discovery Against Secretary of Labor
David R. Johanson, Douglas A. Rubel, and Rebecca D. Takacs of Hawkins Parnell Thackston & Young LLP ("HPTY") secured a favorable ruling on a motion to compel discovery in an Employee Stock Ownership Plan and Trust (“ESOP”) case pending in the United States District Court for the Eastern District of Wisconsin.
In this duty of prudence, loyalty, and ESOP valuation case, the Secretary of Labor alleges that the individual and trust Defendants sold improperly valued company stock to a company sponsored ESOP in violation of the provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA.”) HPTY requested discovery in defense of these claims and in response the Secretary of Labor provided a fraction of the requested documents based on claimed privileges. After a consensus was not reached regarding production of additional documents, HPTY moved for its clients to compel production of discovery based on failure to adequately claim privilege. In ruling on HPTY’s motion to compel, the Honorable Rudolph Randa entered an order requiring the Secretary of Labor to produce previously withheld and redacted documents.
For more information, view An Effective Defense Starts With Understanding Privilege and the Scope of Discovery.