Folb v. Motion Picture Industry Pension & Health Plans

16 F. Supp. 2d 1164 (1998)

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Folb v. Motion Picture Industry Pension & Health Plans

United States District Court for the Central District of California
16 F. Supp. 2d 1164 (1998)

Facts

Vivian Vasquez claimed that her coworker Scott Folb (plaintiff) had sexually harassed her. Vasquez engaged in mediation with the Motion Picture Industry Pension & Health Plans (the plans) (defendant) for the purpose of settling any claims against the plans arising out of Folb’s purported harassment. Vasquez and the plans failed to negotiate an agreement but continued settlement discussions following mediation until Vasquez’s claims were settled. The plans later discharged Folb. Folb sued the plans for discrimination and retaliation, alleging that the plans had used the sexual-harassment claims as a pretext to discharge Folb for whistleblowing activities. Folb maintained that the plans took contrary positions in the two cases. Specifically, Folb contended that in Folb’s action, the plans argued that Folb was properly dismissed for sexual harassment, while in negotiations with Vasquez, the plans may have claimed that Vasquez was not actually harassed. Thus, Folb sought production of communications between Vasquez’s counsel and the plans’ counsel regarding the mediation as well as other documents prepared by Vasquez’s counsel relating to the negotiations.

Rule of Law

Issue

Holding and Reasoning (Paez, J.)

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