Buxbaum v. St. Vincent's Health Services Inc.
Information that is considered confidential and proprietary and that is not reasonably calculated to leave to the discovery of otherwise unavailable, admissible information may not be discoverable. Allegedly, porn was found on the plaintiff, Barry Buxbaum's, work computer, and the plaintiff resigned. The plaintiff maintained that the employer's reason for his forced resignation was pretextual. The plaintiff sued St. Vincent's Health Services Inc. and other defendants, alleging age discrimination and defamation. The plaintiff moved to compel the production of his former secretary's work computer, because his former secretary managed his computer files. The court found that the plaintiff failed to establish a legal nexus between his former secretary's work computer and the porn that allegedly was discovered on the plaintiff's work computer. There was no evidence that information on the secretary's work computer would lead to the discovery of otherwise unavailable information that would be admissible at trial. The court denied the plaintiff's motion to compel the production of his secretary's work computer. The plaintiff also moved to compel the production of a contract between the defendant, St. Vincent's, and the third party that serviced, maintained and managed the workplace computers. The defendant objected that the information was confidential and proprietary and not reasonably calculated to leave to the discovery of admissible information. The court found that the contract was not pertinent to the plaintiff's claims of age discrimination and defamation, and it denied the plaintiff's motion to compel.