Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case

In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under CPLR 3103.

From the decision:

Defendants move separately under motion sequence 004 for a protective order preventing plaintiff from taking a deposition of Christine McMahon, President and CEO of Fedcap. Defendants argue that McMahon has no direct knowledge and was not a party to any nonprivileged communications regarding plaintiff or the instant litigation. Considering plaintiffs request to depose Giannetto, the court is not satisfied on the record before it that McMahon should sit for a deposition. Plaintiff has failed to show that her testimony would be unique or unavailable from other sources.

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