Opinion
16 Civ. 05243 (ALC)(OTW)
11-12-2021
TERRI JABLONSKI, Plaintiff, v. SPECIAL COUNSEL, INC., Defendant
Maria Jablonski Esq., Attorney for the Plaintiff
Maria Jablonski Esq., Attorney for the Plaintiff
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT SPECIAL COUNSEL INC.
Plaintiff, by and through her undersigned attorney pursuant to the Federal Rules of Civil Procedure 34, requests that Defendant Special Counsel, Inc. ("Defendant" or "SCI") produce all of the documents requested below for inspection and copying at the Office of Attorney Maria Jablonski at P.O. Box 1186, Pearl River, New York 10965 within thirty (30) days after service hereof. Pursuant to Fed. R. Civ, . P Rule 34, and Local Civil Rule 26.2 of the Southern District Court of New York, Defendant is required to serve a written response upon Plaintiff stating, with respect to each item or category sought, that inspection and copying will be permitted unless a requested is objected to, in which event the reasons for the objection must be stated. Moreover, as required by Rule 34, documents produced for inspection shall be organized and labeled so as to correspond to the categories contained in the request.
INSTRUCTIONS AND DEFINITIONS
1. This request for documents is addressed to Defendant as a party to this lawsuit, its attorneys, agents or any of them. Party is defined in Local Civil Rule 26.3, as the term Defendant, as well as the party's full or abbreviated name, or a pronoun referring to a party, mean the party and where applicable its officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. As Defendant has alleged in its Third Amended Answer (ECF 3 107), a defense relating to its "predecessor company" or companies, (which Defendant has not named, Defendant must also search for and produce documents from that "Predecessor Company and/or companies," Pursuant to Rule 34 and Local Civil Rule 26.3, as they relate to the pleadings in this case. If the requested documents are known by Defendant to exist but Defendant, its agents or attorneys or any of them don't possess them, it is requested that Defendant indicate or produce such documents that show the name, address and other contact information of the person or entity in whose custody the documents are.
2. Defendant shall produce the documents in the preferred form of ESI (electronic Stored Information) as kept in the usual course of business organized and labeled to correspond with the categories in the following demand, in the original native form with metadata if available and if not available, produce them in searchable pdf or tiff with metadata and if any documents do not exist in electronic stored information produce those documents in the original paper (i.e. such as documents and/or faxes, etc.), 3. If there are no documents in your possession, custody or control which are responsive to a particular request, so state and identify such request. If any documents have been lost, mutilated or destroyed so state and identify each such document and state to which request(s) the document would have been responsive.
4. In accordance with Local Civil Rule 26.2: Unless otherwise agreed by the parties or directed by the Court, where a claim of privilege is asserted in objecting to any means of discovery or disclosure, including but not limited to a deposition and an answer is not provided on the basis of such assertion, (a) The person asserting the privilege shall identify the nature of the privilege (including work product) which is being claimed and, if the privilege is governed by state law, indicate the state's privilege rule being invoked and
(b) The following information shall be provided in any objection, or (in the case of a deposition), in response to questions by the questioner, unless divulgence of such information would cause disclosure of the allegedly privileged information. (A) For documents: (i) the type of document, e.g. letter or memorandum, (ii) the general subject matter of the document, (iii) the date of the document: and (iv) the author of the document, the addresses of the document, and any other recipients, and where not apparent, the relationship of the author, addresses, and recipients to each other, (B) For oral communications (i): the name of the person making the communication and the names of the person present while the communication was made and, where not apparent, the relationship of the persons present to the person making the communication(ii) the date and place of communication and (iii) the general subject matter of the communication. (c) Where a claim of privilege is asserted in response to discovery or disclosure other than a deposition, and information is not provided on the basis of such assertion, the information set forth in paragraph 3 above shall be furnished in writing at the time of the response to such discovery or disclosure, unless otherwise ordered by the Court. (d) see Local Civil Rule 26.2 (c) incorporated by reference.
5. Plaintiff reserves the right to serve additional Document Requests and these requests are continuing in nature. Pursuant to Fed.R.Civ.P. Rule 26(e) Defendant must supplement its response to these requests as soon as possible.
The following Definitions apply to all discovery requests.
1. "Plaintiff "shall mean Plaintiff Terri Jablonski.
2. Defendant shall mean, Special Counsel, Inc., ("SCI:)), the MPS Group, ("MPS")all its predecessors, employees, successors, agents, its parent company Adecco Group N A. (" Adecco NA.) Affiliates, their employees, assigns, and all their predecessors and agents, and the "New York City Regional Offices" or "New York City Metro" shall mean offices located or responsible for placing candidates in jobs Northern New Jersey, Westchester, Manhattan, and Westchester).
3. "Answer" shall mean the Third Amended Answer filed by Defendant in this action on July 10, 2020, ECF #107.
4. "You" shall refer to the Defendant employment agency whom hires candidates directly and/or refers candidates to its clients and/or places with clients in paralegal jobs and refers to Defendant as a party is defined by Local Civil Rule 26.3(5) as stated in paragraph 1 of the Instructions above).
5. Communication. The term "communication" means any transmittal of information in the form of facts, ideas, inquiries or otherwise.
6. Document. The term "document" is defined to be synonymous in meaning and equal in scope to the usage of the term "documents or electronically stored information" in Fed.R.Civ.P. 34 (a) 1(A). A draft or non-identical copy is a separate document within the meaning of this term.
7. Identify, (with respect to documents) When referring to documents, "to identify" means to give, to the extent known, the (i) type of document (ii) general subject matter (iii) date of the document, and (iv) author(s), address(es) and recipient(s). In the alternative, the responding party may produce the documents, together with identifying information sufficient to satisfy Fed.R.Civ.P. 33(d).
8. "Person". The term "person" is defined as any natural person or any legal entity, including, without limitation any business or governmental entity or association.
9. Concerning. The term "concerning" means relating to, referring to, describing, evidencing or constituting.
10. The following rules of construction apply to all discovery requests:
(1) All/Any/Each, The terms, "all," "any," and "each" shall each be construed as encompassing any and all.
(2) And/Or; The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside the scope.
(3) Number. The use of the singular form of any word includes the plural and vice versa.
REQUESTS FOR PRODUCTION
REQUEST 1: Produce all documents and communications from January 1, 1999 to present from SCI, its predecessor companies, Legal Support Personnel(LSP), MPS Group, Adecco, Ajilon Professional and/or Co-Counsel and any other predecessor of Adecco concerning the document and/or electronic stored information destruction and retention schedules of: internal databases, candidate job applications, job applicant database profiles, candidate profiles, employee files, current or former employee information, resumes, human resources documents, policies, emails, Applicant Tracking System information, or concerning any other information used in the hiring process, and any modifications to those retention schedules, policies and/or plans.
REQUEST 2:
Produce all documents and correspondence from January 1995 to present among SCI's, (Adecco N.A. 's their predecessors, successors, assigns, employees, affiliates, agents, clients, or any other person acting on their behalf, ) and/or with Plaintiff that concern and/or mention in any respect Plaintiff Terri Jablonski (aka Terri A. Jablonski or Terri Ann Jablonski) including but not limited to her attempts to apply or secure employment, recruiter correspondence, screening of her applications, or actual employment with SCI or any of its predecessors, successors, assigns, LSP, with Ajilion, Professional, Adecco N.A., applications, resumes, paystubs, agreements, payroll records, writings, job evaluations, correspondence, Applicant Tracking System ranks, Applicant Tracking System database, information, background checks, paperwork, agreements, reference checks, comparisons, qualifications, work rules, policies, job descriptions, job orders, interviews, candidate profiles, qualifications for any legal and/or paralegal direct hire, temporary and/or contract paralegal or legal jobs, employee lists, applicant shortlists).
REQUEST 3. Also produce all the documents and communications, as requested in Request No. 2, concerning all persons with the name Maria Jablonski from January 1, 1995 to present, and produce any correspondence and/or documents regarding Defendant's statement in the Rule 26 (f) conference Report that there was a discrepancy in her 2001 and 2008 resumes.
REQUEST 4 : This request is about when any of SCI's former employees requests SCI and/or Adecco N.A. provide a reference to a prospective employer regarding their past employment with SCI and/or Adecco N.A). Produce from May 1, 2013 to present all SCI's, MPS, Ajilon Professional and Adecco N.A.'s policies, procedures and documents and communications, regarding use, checking, reporting or disclosing those references to third parties prospective employers, all contracts and policies regarding SCI's use of the Work Number, and All past employment history information concerning Plaintiff that SCI, and/or any of its companies or affiliate companies shared and/or sold to The Work Number or Equifax or contained in those databases including but not limited to the following databases: Adecco NA. Legal Support Personnel # 14914, Adecco N.A. -Special Counsel Historical Data # 14692, Ajilon FOL -Inactives only #13183, Co-Counsel (Ajilon FOL) Inactives only #10266. Produce all information concerning Defendant and/or Adecco's cancellation in August 2021, and/or closing its accounts of any of those databases with the Work Number/Equifax.
REQUEST 5: Produce from January 1, 1998 to present all documents that SCI's New York City Regional Office, SCI's predecessors, affiliates, LSP, Co-Counsel, and/or Adecco N.A. and/or its predecessors Ajilon Professional, used in their sales, application, registration and/or interview/referral, evaluation, screening process concerning direct hire (permanent), contract or temporary Paralegal jobs, and produce all communications among their employees, clients and/or agents concerning those processes, and policies .Include all modifications). (Including but not limited to: the applications, paperwork and forms, client contracts, Policies, Practices, Training Materials, agreements, tests, use of social media, instructions, manuals, employee manuals, updating candidate information, releases, authorizations to conduct background and /or reference checks, instructions for using applicant tracking system, antidiscrimination policies, Employee manuals, and employee policies).
REQUEST 6: Produce all documents from January 2010 to present regarding SCI, LSP, the MPS Group, Adecco N.A. and Ajilon Professional's policies, forms, training materials, instructions and procedures for checking a job candidate's references and /or verifying their employment during the registration process and/or for employment
REQUEST 7: Produce all documents and communications related to, and identifying all Defendant's and/or LSP's, paralegal job applicants in the New York City Area Office's (New York City, Westchester, Northern New Jersey) from January 1, 2013 to August 1, 2016 whom were flagged with an NMQ code in its databases or other, and/or were otherwise disqualified from further consideration and produce all their Applicant Tracking System Information, candidate profile and/or any other information regarding their NMQ code status, their qualifications, resumes, d and/or showing their work history with Defendant.
REQUEST 8:
Produce from July 1, 2013 to August 1, 2015 from SCI, Legal Support Personnel and/or Ajilon Profiessional's New York City Metro Area (New York City, Westchester, Northern New Jersey) all documents and communications concerning all of the available advertised and/or unadvertised Direct Hire (permanent), Contract (or temp to perm), and/or temporary Paralegal jobs, including but not limited to job Orders, Client Agreements and/or Client Service Agreements, or Contracts, shortlists, Paralegal job advertisements, Paralegal job descriptions, minimum qualifications, paralegal job applicant resumes, applications, and/or Linkedin profiles and any cancellations.
REQUEST 9: Produce all documents which identify applicants whom were interviewed, referred, and/or registered, and/or hired for those Paralegal jobs of Request 8 and Request 10) of July 1, 2013 to August 1, 2015, instead of the Plaintiff; their dates of hire, their qualifications, payroll and/or other records showing their name, address, Date of birth, occupation, rate of pay and compensation earned each week, resumes, and applications and documents indicating how they applied, and you and/or your clients evaluation of their credentials and you and/or your clients decision of choice of hire. Produce all communications among your recruiters and/or salespersons, and/or clients concerning those Paralegal jobs or assignments, including but not limited to the contracts with the clients, the job descriptions, the minimum qualifications, paperwork, interview information, the job duties, the job duration, the candidate profiles and resumes of all persons hired and/or registered for those paralegal jobs instead of Plaintiff from August 1, 2013 to present, and any documents indicating their approximate ages.
REQUEST 10: Referring to Plaintiffs Third Amended Complaint, allegations §§49-110 wherein she lists the jobs that she applied to at Defendant from around August 1, 2013 to July 31, 2015. Produce all documents and correspondence relating to the Client Services Agreements, Client Agreements, advertising, qualifications, job descriptions, concerning your and/or others evaluations of Plaintiff s qualifications for those jobs she applied to, all documents comparing Plaintiff to the other job candidates, all correspondence among SCI's sales team, advertisements for those jobs, SCI's recruiters, managers, and SCI's clients regarding those Paralegal jobs, all shortlists, and any other document regarding those applications.
REQUEST 11:
Produce all documents, communications, contracts, amongst SCI's Salespersons, employees, recruiters and clients from January 1, 2013 to present concerning all Defendant's paralegal applicants whom were determined to have at least one negative reference and/or LSP, who were rejected for Paralegal jobs because of their poor interview with Defendant, and/or LSP and/or a client. Include documents which identify their Name, Address, date of birth, application, resume, evaluations, contact information and /or employment and Applicant Tracking database information.
REQUEST 12: All documents and communications and all communications with the clients concerning and/or which identify SCI, and/or LSP applicants whom were interviewed from August 2, 2013 to November 1, 2016 for direct hire (permanent), contract and temporary Paralegal jobs in the New York City Area Offices, or whom SCI referred to clients including but not limited to their employee files, candidate profiles, reference checks, interview paperwork and/or registration paperwork.
REQUEST 13:
Produce all documents concerning the Paralegal job candidates whom SCI, and/or LSP referred to clients, or recruited for each of SCI's Paralegal jobs or SCI's clients' advertised and/or unadvertised Paralegal jobs, from August 2, 2013, to November 1, 2016 in the New York City Metropolitan Area (Including but not limited to any documents which show those applicants' applications, candidate profiles in the internal databases, reference checks, or system for tracking applicants, qualifications and age or approximate age or date of birth.)
REQUEST 14: In the Third Amended Complaint, Plaintiff identified by name other paralegal applicants whom she alleges are younger than her and that Defendant hired instead of her for the jobs she applied to from 2013 to 2015: Such as Scott Russell, Erik Antokal or Antonal, Veatrice Scott, Stephanie (Faigen) or Stephanie Faigen Consadine, Dennis Filin, Jessica Christiano, Alexisi Giulias, Mallory Butler, a Paralegal hired in February 2014 who was hired for assignment or job at International Paper Company in Montvale, NJ, and for a Mass. Litigation Tort firm in October 2014, all the paralegals whom were hired for a Wyndham Hotels project as Paralegal document reviewers in November 2014- December 2014. from January 1, 2013 to August 1, 2015 Produce all the candidate profiles of those persons and any other information regarding the qualifications of those persons for paralegal jobs, from Defendant, and/or any of its affiliates, the client Agreements, payroll lists identifying the persons by date of birth, name, address, contact information, resumes, applications, and produce all this information for persons Defendant referred to, placed and or hired for paralegal jobs or assignments at Wyndham Hotels, the Mass. Litigation Tort Firm referred to, and International Paper from August 2, 2013 to September 1, 2015.
REQUEST 15:
On June 30, 2004 the Baltimore EEOC Regional Office sued Special Counsel Inc. (SCI) in the U.S. District Court, Northern District of Maryland, Case # (RDB-04-2012) EEOC v. Special Counsel Inc l:04-cv-02012-RDB after it found reasonable cause that on May 3, 2002 Special Counsel Inc. willfully discharged its Executive Director Linda Griffin for opposing its policies and practices in violation of the Age Discrimination in Employment Act (ADEA). The EEOC sought a permanent injunction against SCI, and its successors etc. from age discrimination and retaliation and to "make whole all individuals adversely affected by the alleged discriminatory hiring practices.".
On 12/17/2004 SCI signed a consent decree with the EEOC, entered via Order on 12/20/2004. SCI agreed to backpay, mandatory age discrimination training, and an order that Regional President Terri Williams (who is now Adecco's General Counsel) and her staff not to disparage Griffin, to give her a neutral reference containing only her dates of employment, and permanently enjoined SCI Special Counsel Inc, its successors, etc. from retaliation under the ADEA. (see ecf 127).
Produce all documents, and correspondence between the SCI and the EEOC from that case from January 2002 to present, concerning the facts of the alleged discriminatory policies and practices and retaliation: including but not limited to: subpoena responses, affidavits, correspondence among the MPS Group John L Marshall III of the MPS Group, MPS Group Human Resources Director Amy Herron (who is currently Labor Relations Director), and Assistant Director Wendy Slayton, Regional Vice President Terri Williams, (who is now Adecco's General Counsel), her staff, Adecco N.A., Adecco N.A.'s Labor Relations Department, assigns, Ajilon Professional, SCI's corporate affiliates Human Resources Department, SCI's employees in the New York City Regional Offices or any other person who acted on behalf of those companies or individuals).
REQUEST 16: Produce all documents and/or correspondence concerning the MPS Group, Adecco NA. and/or SCI and its New York City Regional Offices's attempts since 2004 to the present to comply with the Consent Decree Order of EEOC v. Special Counsel Inc 1:04-cv-02012-RDB Permanent injunction against retaliation under the ADEA, any remedial action and changes Defendant and its successor has taken both nationally and in the New York City Regional Offices since December 2004 concerning employees and/or job applicants, including the Plaintiff who may have been adversely affected by SCI's allegedly discriminatory and/or retaliatory policies and practices, and any disciplinary, action that SCI took against Terri Williams, Wendy Slayton, Amy Herron or other for their alleged discrimination and retaliation.
REQUEST 17 Produce all documents and correspondence from 2015 to present by and/or among SCI, LSP and Adecco's Management and/or Executives concerning the September 2015 promotion of SCI's Regional Vice President Terri Williams (the alleged retaliator in EEOC v. Special Counsel Inc., l:04-cv-02012-RDB(RDB-04-2012) to Adecco N.A. 's General Counsel, the departure of Angela Bevis, the promotion to Labor Relations Director of Amy Herron, and/or promotion of Alison Hugelmeyer to SCI's New York Regional Office, and produce: all Terri Williams' and Amy Herron's, Angela Bevis; personnel files, resume, performance and promotion evaluations, compensation, and any document or communication indicating her involvement in antidiscrimination policies, training, EEOC charges, discrimination lawsuits, or concerning Plaintiff Terri Jablonski's 2015 OCAHO charge, August 12, 2015 EEOC Charge, and/or current lawsuit.
REQUEST 18:
Produce all versions of SCI's, LSP's and SCI's predecessor's and Ajilon Professional/ Adecco N.A.'s antidiscrimination and antiretaliation policies from 1999 to present/concerning job applicants and/or employees, and produce from 1999 to present any documents and/or communications by SCI, Adecco, and/or any person acting on behalf of SCI, LSP, and/or Adecco concerning audits, assessments, monitoring and enforcement of those policies and/or practices, and any audit or assessment of the ages of job applicants and/or employees as relates to SCI's New York City Regional Offices hiring practices and policies and retaliation concerning the Federal Age Discrimination in Employment Act or New York State and/or City, Human Rights Laws.
REQUEST 19:,
Produce all documents concerning SCI and Adecco Labor Relations' policies and practices for handling complaints of applicants and/or employees regarding discrimination and/or termination, or for opposing discrimination and all documents and communications identifying and/or concerning SCI's, Adecco Labor Relations, and/or its agents's handing and response to Plaintiffs November 24, 2014 letter to SCI's New York Office, regarding her rejected applications (an allegation in her Third Amended Complaint).
REQUEST 20: Produce all documents and communications relating to any and all SCI's employees and/or paralegal job applicants from August 2013 to present whom have complained they were not hired, treated unfairly or complained for any other reason; any internal or external complaints against SCI, its predecessor, or Adecco N.A. of age discrimination, and/or retaliation, all information regarding calls to Adecco's complaint telephone number (as listed in the employee manual), and all documents and communications showing how Defendant and/or Adecco handled and/ or resolved those complaints.
REQUEST 21:
Plaintiff filed an EEOC Charge of Discrimination and retaliation in August 2015 against Adecco and SCI, Defendant Filed a response to the EEOC. Produce SCI's response and/or position statement to the EEOC, and all communication and/or documents among SCI, the EEOC and its investigators regarding the Charge, and produce any and all internal documents and communications, investigation reports, notes affidavits, or affidavits or other that SCI used to draft its EEOC response and all emails or communications and documents and internal and/or external investigations regarding that EEOC charge which were discussed with Adecco N.A. and/or amongst SCI employees and/or any other person.
REQUEST 22:
Produce from 1999 to present all internal and/or external assessments of SCI's, its predecessor's, LSP's and / or Ajilon Professional's hiring or applicant data regarding the ages of its employees, and/or job candidates.
REQUEST 23:
Referring specifically to the affirmative defenses in ECF #107 that alleges that the Plaintiff interviewed in February 1999 with your Predecessor Company for a potential assignment, and that Predecessor company required Plaintiff fill out "paperwork", that she had a "terrible reference", etc. Produce all documents and communications supporting all those allegations about Plaintiffs 1999 interview with a predecessor company ie:, produce the Plaintiffs original paperwork you refer to and her references, and reference checks, policies regarding reference checks, and produce all documents and communications concerning the job assignment that Plaintiff interviewed for and which identify the following: the Client Agreement, Job description, other applicants paperwork, other applicants interviewed,, referred and or hired, their reference checks, evaluations, the contract with the client for that assignment, the assignment's job description, all advertisements, minimum qualifications, duration of assignment, applicant's references, all Renee Hessberger's communications and documents regarding that assignment, and with Plaintiff and/or the client and any other applicant. All documents showing who was selected and/rejected, and the reasons for the decision, all payroll information for those selected including date of birth, names, contact information, addresses, timesheets, invoices, payment information and paystubs, resumes, and any other communications or documents related to that assignment, among SCI's Predecessor Company, and/or LSP, its employees, agents and its client relating to the screening, interviewing hiring, and/or placement of candidates for that potential assignmen and/or which identify the recruiters, the client, applicants referred, shortlisted and and/or hired and their qualifications.
REQUEST 24: Produce all documents, glossaries, keys, abbreviations, policies, procedures, communications, training materials and writings, dated January 1, 1998 to the present concerning all the acronyms and codes such as NMQ, or other, and all other symbols that SCI, SCI's predecessor Companies, corporate affiliates, LSP, Co-Counsel, Adecco N.A. and its predecessors, Ajilon Professional, and which their employees, recruiters, managers, staff or clients, computer administrators have used (or currently use) in their applicant databases/employee files, candidate profiles, computer or messaging systems or other means to describe, rank, ban job applicants or employees, or have used for any other purpose and produce any documents and/or communications, related to the training of employees to ban and/or disqualify amd a job candidate, the flagging of the internal databases with the NMQ or equivalent codes, and showing any and modifications.
REQUEST 25: Produce all documents and communications which support that NMQ does not mean "not minimally qualified" and where employees have said that it doesn't mean Not Minimally qualified, but means something else.
REQUEST 26: Referring to SCI's Second Defense of the Third Amended Answer ("ECF # 107") which alleged that your predecessor's employee Renee Hessberger allegedly interviewed Plaintiff in February 1999 and that Hessberger then checked a box that Plaintiff was unavailable, and then wrote comments about Plaintiff in a candidate profile which you allege was "eventually incorporated into its system for tracking candidates"): Produce all documents, and communications that you and or your agents used to support that statement and which support that she was the person whom placed those comments, and which support that those comments were placed in 1999, and/or have been visible to your recruiters since 1999, that they refer solely to the Plaintiff, and all documents from January 1, 1999 to present reflecting how and when the candidate profile was incorporated into its system for tracking candidates, and produce all the other job candidates' profiles (other than the Plaintiffs) which have incorporated SCI's predecessor Company/'s, and/or Legal Support Personnel's Job Candidate profiles. For those job applicants whose Applicant Tracking System contains acronyms, or codes such as NMQ produce a copy of other documents and/or communications discussing or evidencing the reason for that acronym and their payroll records. Produce any communications from 2015 to present between or among SCI, Adecco, and their agents and Renee Hessberger (AKA Renee Milano) concerning the Plaintiff and that 1999 interview.
REQUEST 27: Produce all documents and communications from September 1998 to September 1999, concerning all the other applicants that Renee Hessberger and other employees of your predecessor interviewed, registered, and/or hired or referred to clients for Paralegal jobs, all candidate profiles and reference checks and produce all those paralegal applicants in the New York Office whom she and/or other employees of your predecessor company flagged as NMQ, and produce their Applicant Tracking System and/or candidate profiles information.
REQUEST 28: Produce a copy of the Plaintiffs 1999 original candidate profile as it appeared to SCI, your Predecessor Company's recruiters, and/or LSP's recruiters in 1999 (before the candidate profile was allegedly incorporated into SCI's current Applicant Tracking System) and also produce all other job candidates' original paralegal job candidates profiles, from both the Defendant and Defendant's predecessor which contain codes or acronyms, all documents, training regarding that candidate profile system which was used in 1999 to 2010.
REQUEST 29: Produce from 1999 to present any personnel records, employment or other contracts, documents and communications concerning employment, compensation, performance goals, evaluations, departure, job duties, at Defendant, Legal Support Personnel, Ajilon and/or its predecessor and/or affiliates companies of the following persons: Renee Hessberger (AKA Renee Milano), Michelle Elwood, Jaime Lawrence, Hilary Porges aka Hilary Ahearn, Alison V. Hugelemeyer, Jessica Levinson, and all other paralegal recruiters, salespersons or agents whom had a role in recruiting paralegals or evaluating paralegal applicants for temporary, direct hire and/or temp to perm jobs in the New York City Area (New York City, Westchester, Rockland County and Northern New Jersey).
REQUEST 30: Produce all documents and organizational charts identifying all Defendant's, LSP and/or Adecco's Corporate Structure, Defendant's corporate entities, filings, predecessors and show how they relate to each other, and their history of mergers and acquisitions, and produce all employee organizational charts from January 1995 to present which identify SCI's and/or LSP's and/or Ajilon Professional's employees/ management and Paralegal recruiters, Managers, Salespersons, Supervisors, and Executives who managed recruiters, supervised recruiters, and/or were involved in interviewing, screening, hiring, and placing Paralegals in Direct Hire (permanent), Contract and/or Temporary Paralegal jobs, in the New York Metro Area. (New York City Area including New York City, Westchester, Northern New Jersey, Rockland County), and which identify their names, ages, dates of hire, promotions and/or departure.
REQUEST 31:
To summarize, your Answer to the United States OCAHO Administrative Court in June of 2015, stated that plaintiffs candidate profile was "inadvertently merged" with the database of another candidate with "overlapping identifiers" and that SCI's employees" inadvertently confused" and "thought that Plaintiff was a different person who had previous applied for positions of employment through the company, but which person had been disqualified and flagged for consideration for future positions," and given an internal code of an NMQ designation, and you identified Ajilon Professional as the predecessor. That statement also alleged that Plaintiff did not want an interview. On July 22, 2015 Your attorney from Smith Gambrell Russell, Matthew Clarke also reiterated in a telephone conversation to Plaintiffs attorney on July 22, 2015 SCI told him that no one at SCI nor Adecco N. A. knew anything about who wrote the NMQ code, why, when how or any underlying facts regarding the NMQ.
Produce any documents, reports, supporting the aforementioned statements and/or identifying the employee/s whom made those statements, or reported that information, and any documents evidencing that statement's claim that Ajilon Professional merged with SCI in 2010 or any of its predecessors, and/or concerning SCI's investigation, and any corrective/remedial action SCI took after stating that the NMQ code did not refer to Plaintiff but to her sister and produce any documents and communications with the Plaintiff concerning SCI or Adecco N.A. employees or agents actions from June 2015 to present regarding her current and/or future employment status at SCI and/or it's successors.
REQUEST 32: In SCI's June 8, 2015 Answer to the OCAHO you submitted an affidavit from Michelle Elwood addressed to Adecco Labor Relations Department Director Angela Bevis. Produce all documents and communications from Ellwood to Bevis, Amy Herron or other person and produce all documents and correspondence from January 1, 2010 identifying, depicting what Ellwood described in that affidavit and what the and/ or concerning SCI's use of the internal databases that Ellwood referred to in her affidavit, that the NMQ code prevented her from interviewing the Plaintiff, including but not limited to any manuals, user manuals, policies and procedures any training materials or instructions received, to follow in using those databases and which she relied or may have relied on in writing her affidavit.
REQUEST 33: Produce all documents and /or communications from all other SCI, LSP's and/or SCI's or Adecco's predecessors' Paralegal recruiters other than Michelle Elwood concerning discussing Plaintiffs Paralegal applications or interviews from January 1, 2013 to August 1, 2015 or qualifications for those jobs.
REQUEST 34: Produce all documents and communications from January 1, 2013 to the present concerning SCI's, and/or LSP's on campus or off campus recruitment of Paralegal job candidates from Paralegal Schools, and/or Colleges with Paralegal Certificate programs or Colleges, or other schools, or other hiring method besides responding to advertisements, such as employee referral programs, for placing direct hire(permanent), temporary or contract Paralegal jobs in the New York city Area and produce any documents identifying the persons whom were recruited, interviewed, and/or hired for Paralegal jobs as a result of those methods.
REQUEST 35:
Produce all Training manuals from January 1, 2013 to August 1, 2015 or other documents, instructions, presentations, that SCI, and/or LSP, and /or Ajilon Professional used to train or gave to employees and/or recruiters to use your Applicant tracking systems, messaging systems, conduct reference checks, or other internal or external databases used in the application and hiring process.
REQUEST 36:
Produce all Michelle Elwood's and all other paralegal recruiters' in the New York City Offices from SCI, LSP and/or Ajilon Professional, communications with paralegal job candidates, with employees, and with your clients, concerning direct hire, contract or temporary paralegal placement from January 1, 2013 to present
REQUEST 37:
In your Initial Disclosures you served on Plaintiff in 2019, you stated that your employee Alison V. Hugelmeyer aka Alison Morgan, interacted and/or placed the Plaintiff on assignment at Chadbourne and Parke and the job ended in 2002, Produce all documents and communications that you used to support that statement, or your statement that she was removed from assignment in February 2001, and/or to support why she was removed, and produce all documents and communications by and/or among Hugelmeyer/Morgan, SCI, SCI's predecessor or anyone acting on their behalf, Plaintiff, Chadborne & Parke, Chadbourne & Park's clients, or any other person or witness with knowledge concerning that alleged Assignment, including but not limited to the job advertisements,, the job order, the job description, the Client Agreement or Client Contract, the case or lawsuit name of that assignment, sales communications with Chadborne & Parke, Plaintiff s timesheets, pay stub, paralegal candidates whom were placed on that assignment, and its purported duration. For all the persons placed on that particular assignment at Chadbourne & Parke produce the details of their hire, qualifications, signed employment agreements or other paperwork, pay information and/or paystubs, timesheets or invoices from that assignment, departure information, and any other documents and communications which SCI and/or Hugelmeyer used to make that allegation.
REQUEST 38: Produce all Defendant's and its predecessor's, and LSP's paralegal candidate profiles of persons from 2000 to present whom the client removed from a paralegal assignment from 2001 to present, and/or before the assignment ended, showing their date of birth, resumes, correspondence with the client, client agreement, job description and payroll information.
You stated in your 2019 Initial Disclosures that Kara Buzga interacted with Plaintiff and that Plaintiff was placed on assignment at Millberg Weiss LLP . Produce all documents and communications concerning and/or supporting that statement. (Including but not limited to documents and communications indicating Plaintiffs payment or payroll information for that job, Milberg Weiss contract with Defendant or Client Agreement for that assignment, the advertisements for that job, the job description, the case names and subject matters of that assignment, all Buzga's communications with Plaintiff, SCI's recruiters or other employees, Client Agreement, the duration of assignment, subject matter, supervisor, evaluation, and circumstances of departure, other employees whom were on that assignment, their qualifications). Produce all documents concerning you and/or your predecessor Companies' history, personal and/or professional relationship with Kara Buzga, including any referrals of her of candidates for Paralegal jobs, and produce any invoices, documents and/or communications from 1999 to present regarding SCI's, and/or Modis' sponsorship of Kara Buzga to speak at Paralegal Association Conference/s and/or other sponsorships on her behalf.
REQUEST 40: In your supplemental Rule 26(f) Report and Case Management Plan you refer to Plaintiff having a poor interview and reference in 2000 and that in February 2002 that Defendant removed her from an assignment. Provide all documents and communications regarding and/or supporting those statements, and all contracts with the client for the 2000 interview and the 2002 job, the job description, the other applicants, the persons selected for those jobs, their qualifications, the duration of the assignment, job order, and all information about Plaintiffs evaluations as compared with other job applicants. Also provide any documents and/or correspondence supporting your assertion that Plaintiff was given an NMQ code as a result of that, and which Identify and/or support a specific date when Plaintiff was given an NMQ code.
REQUEST 41: Produce all documents concerning the persons whom SCI, or any predecessor or Corporate Affiliate placed in any Paralegal job at Milberg Weiss Bershad Schulman LLP from 1999 to 2015, any Client Agreements with it, and any correspondence with Kara Buzga regarding those jobs.
REQUEST 42:
In your Initial Disclosures you mention Hilary Ahearn (aka Hilary Forges) as having attempted to find Plaintiff employment and having interacted with Plaintiff. Produce all documents and communications concerning Hilary Ahearn' aka Hilary Porges' assertions that she attempted to find Plaintiff employment, and/or interacted or otherwise communicated with the Plaintiff and concerning Ahearn's other assertions listed in your Initial disclosures. [\]A, / i
REQUEST 43:
Produce from 1999 to present all documents regarding Hilary Porges aka Hilary Ahearn's, Alison Hugelmyer, / Morgan's interactions with Maria Jablonski and all their communications and or documents concerning Maria Jablonski.
REQUEST 44:
Produce all documents from 2013 to present concerning bonus, incentive or commission schedules, and sales and performance goals for your Legal Recruiting, Sales team, and Managers, and all documents and communications regarding training of the sales team and paralegal recruiters in the New York City Office, business models, plans, forecasts, KPI (key performance indicators), competitive analysis, improvements, or other metrics as relates to SCIs' sales and hiring practices, placement of Paralegal job candidates, Job Candidate databases, employee databases, and hiring practices both nationally and relating to their New York City Regional Offices showing any modifications to the present.
REQUEST 45:
Produce all documents and communications from January 2009 to 2011 concerning Adecco and/or MPS Groups' or their agents' valuation that it placed on SCI's, and LSP's, Modis' Internal Database or candidate pool in connection with Adecco's 2010 Acquisition of MPS Group (SCI's parent company)., i.e. include but not limited to the acquisition pitches, agreements, agreements, contracts, due diligence reports, and other valuation documents, and any documents identifying employees who owned MPS Group stock and/or Adecco stock through an employee stock ownership plan. Produce all the above information concerning the valuation of the job candidate databases for the following acquisitions," Ajilon's Acquisitions of its predecessors", MPS Group and "Adecco's acquisition of its other predecessors" and in securing loans.
REQUEST 46:
Produce all documents concerning the valuation which Adecco places on SCI's, LSP's and/or Ajilon Professional's candidate pool or database of candidates from 2015 to present, and all promotional material regarding SCI's candidate pool or candidate database from 1999 to present.
REQUEST 47: Produce all documents and communications from 1999 to present concerning and identifying all third party's whom SCI, LSP and/or Adecco N, A. and/or their predecessor companies exchanged, sold or otherwise shared candidate or current or past employee information with and/or whom had access to their internal candidate and/or employee databases.
REQUEST 48:
All documents or assessments or reports from January 1, 2010 to January 1, 2017 from your benefits department, from Adecco's benefits department and/or reported to your benefits department discussing or reporting the average ages of your employees for the purpose of negotiating quotes for health, life or other insurance benefits, and all life insurance, and/or health insurance premium schedules showing the employee and the employer premium payment responsibility for life insurance and/or health insurance by employee age category.
REQUEST 49:
Produce all documents and/or communications that supported your assertion in your Defense that Renee Milano aka Renee Hessberger labeled Plaintiff as NMQ or equivalent code and any documents and/or communications supporting that NMQ was used and how it was used by your predecessor company in 1999. Produce all documents supporting SCI's assertion that Plaintiff was not minimally qualified and/or not qualified for any of your Paralegal jobs in 1999 to present and the justification for denying her to update her profile, to refer her to clients and/or to interview for Paralegal jobs.
REQUEST 50:
Produce all the documents other than your Second Amended Answer you referred to or relied upon, which are not included in the previous requests that SCI consulted or used in any way to draft your Initial Disclosures.
REQUEST 51:
Produce all documents and communications, regarding your, your predecessor companies, LSP and/ or Adecco's methods from January 1999 to present to detect violations of employee noncompete agreements, and trade secret agreements, i.e. where an employee or recruiter is or was accused or suspected of stealing clients, you or your predecessor's employees or other proprietary information.
REQUEST 52:
Produce any documents and communications from January 1999 to present regarding any Civil or criminal federal or state investigation regarding you, MPS Group, Adecco or your predecessors, and/or regarding Milberg Weiss, regarding Fraud, Securities Fraud or other Medicare Fraud which may have involved investigating SCI's or its predecessor's employee candidate information, or employee databases, including but not limited to the Olsten Group (for Criminal Medicare Fraud Billing around 2000), the MPS group investigated by the SEC for securities fraud. Produce all documents regarding investigations and any documents and/or communications concerning the investigations' impact that it had on SCI's operations and database information.
REQUEST 53: Produce all documents concerning the Corporate affiliation/ structure of Co-Counsel to Olsten and concerning EEOC v. Olsten. EEOC v. Adecco in 2016, and any efforts of Adecco and/or SCI to comply with EEOC v. Olsten's and EEOC v/ Adecco's permanent injunction against discrimination and/or retaliation.
REQUEST 54: Produce all documents and communications supporting SCI's assertion in its Affirmative Defense that Plaintiff failed to mitigate damages and/or that Plaintiff failed to suffer any damages.
REQUEST 55.: Produce all documents and correspondence from 1999 to present training Defendant's employees and/or instructing them to regarding SCI and its predecessor's and Adecco N.A.'s and/or SCI's New York City Area Offices in the use of mailing lists and/or use of Message Queues, Salesforce Queues and/or to block access to data about an applicant, or block communication with an applicant.
REQUEST 56: Produce all Defendant's documents from 2015 to present regarding SCI's, Lee Hecht Harrison, and/or Adecco's financial condition, and solvency including Annual and Quarterly Reports, income statement, Balance Sheet, Statement of Cash Flows, Tax returns,, its assets, revenue, sales, income and valuation, and Overt the Counter (OTC) stock exchange filings of AHEXY or AHEXF.
REQUEST 57: Produce all affidavits, sworn statements, notes and other documents sent to, received from or otherwise concerning any person who might be SCI's witness at trial, or used for impeachment and/or wham Defendant may submit in its Summary Judgment Motion.
REQUEST 58: Produce all documents you referred to, relied on, consulted or used in any way to draft your Answer to any version of the Complaint, and your initial disclosures.
REQUEST 59: Produce to the extent not requested above, all documents and communications concerning your defenses to plaintiffs allegations, claims related to this action, or that will be used to impeach Plaintiffs witnesses at trial.