enforcement of requests that Ms. Touhy then sought to enforce but does not now seek to defend.[1]
Third, Ms. Touhy contends that the district court abused its discretion in refusing to enforce Document Request 4, seeking Ms. Whitlock's personnel file, which Ms. Touhy argues may reveal that Walgreen disciplined Ms. Whitlock for disclosing private health information.[2] While the district court considered this request overly broad, Ms. Touhy contends that Walgreen never objected to her request on that basis and so, she reasons, the district court erred in denying her motion to compel.
The major premise of this argument is faulty. Walgreen's discovery responses included a general objection that all of Ms. Touhy's document requests were overly broad, as well as a specific objection that the personnel file request was not reasonably calculated to lead to the discovery of admissible evidence.
- ↑ Of course, had Ms. Touhy narrowed her request before the district court when seeking enforcement, we might have a different case. It is worth noting, too, that Walgreen did identify one person who could testify concerning the Walgreen computer system – Adam Weiner – and Ms. Touhy was apparently aware of another – Michael Simko.
- ↑ Specifically, Ms. Touhy asserts that, shortly after this lawsuit was filed, Ms. Whitlock was "sudden[ly] transferred"and that her employment was terminated a month later. Walgreen vehemently disputes this account, submitting that Ms. Whitlock actually received a promotion to an administrative position at Walgreen corporate offices, but then left for a better paying job elsewhere. We need not decide what became of Ms. Whitlock; for purposes of our decision we, like the district court, proceed on the assumption that the file would contain information likely to lead to the discovery of admissible evidence.
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