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Stewart v. Falley’s, Inc.

United States District Court for the District of Kansas
2001 WL 1318371 (2001)


Gharmaine Stewart (plaintiff), an employee at Falley’s, Inc. (Falley’s) (defendant), reported sexual harassment on Falley’s phone tip line. Beverly Broxterman, Falley’s human resources director, called Stewart to ask about the complaint, and Stewart told Broxterman to speak to her attorney. That same day, Stewart’s attorney sent Broxterman a letter explaining that Stewart filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Broxterman investigated Stewart’s allegation, interviewed several witnesses, and drafted a memo (the Broxterman memo) summarizing her findings and opinion. During the discovery phase of the trial for Stewart’s employment-discrimination action, Falley’s produced handwritten statements made by witnesses, but did not produce the Broxterman memo. Stewart filed a motion to compel production of the Broxterman memo, arguing that it was not created at the direction of an attorney and therefore was not afforded work-product protection under the Federal Rules of Civil Procedure (FRCP).

Rule of Law


Holding and Reasoning (Humphreys, J.)

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