Preview
MER-L-001309-22 07/05/2023 8:42:24 PM Pglof3 Trans ID: LCV20232009813
EPSTEIN BECKER & GREEN, P.C.
David W. Garland (015861985)
One Gateway Center, 13th Floor
Newark, New Jersey 07102-5003
(973) 642-1900
Attomeys for Defendants
Wolters Kluwer United
States Inc., Wolters Kluwer U.S. Corporation,
and Linda Woodfield-Stem
DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY
MERCER COUNTY: LAW DIVISION
Plaintiff,
DOCKET NO.: MER-L-001309-22
vs.
NOTICE OF MOTION FOR PARTIAL
WOLTERS KLUWER, N-V., WOLTERS RECONSIDERATION AND A PROTECTIVE
KLUWER UNITED STATES INC. AND ORDER
WOLTERS KLUWER U.S.
CORPORATION, CAROLINE WOUTERS
and LINDA WOODFIELD-STERN,
Defendants.
Xx
To: Michael F. O’ Connor, Esq.
McMoran, O’ Connor Bramley & Bums, PC
Ramshom Executive Centre
2399 Highway 34
Bldg. D Suite D-1
Manasquan, New Jersey 08736
Attomeys for Plaintiff
PLEASE TAKE NOTICE THAT on FRIDAY, JULY 21, 2023 at 9:00a.m. oras soon
thereafter as counsel may be heard, the undersigned attomeys for Defendants Wolters Kluwer
United States Inc. (“WKUSI”) and Wolters Kluwer U.S. Corporation (“WKUC”) (the “Corporate
Defendants”) shall move before the Hon. Douglas H. Hurd of the Superior Court of New Jersey,
Law Division, Mercer County, located at the Mercer County Courthouse, 175 South Board Street,
Trenton, New Jersey 08650, for an Order: (a) reconsidering portions of the Court’s June 21, 2023
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Order granting Plaintiff’s Motionto Compel as to certain discovery requests; and (b) granting the
Corporate Defendants a Protective Order as to those requests.
PLEASE TAKE FURTHER NOTICE that the current discovery end date is December
21, 2023 and
a trial date has not been set.
PLEASE TAKE FURTHER NOTICE that in support of this motion, the Corporate
Defendants shall rely upon the accompanying Certifications of Erin Haulotte and Jennifer Bama,
Esq., and Memorandum of Law.
PLEASE TAKE FURTHER NOTICE that the Corporate Defendants request oral
argument on this Motion.
PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted
herewith.
EPSTEIN BECKER & GREEN, P.C.
Attomeys for Defendants Wolters Kluwer
United States Inc., Wolters Kluwer U.S.
Corporation, Linda Woodfield-Stem
By:_/s/DavidW. Garland
David W. Garand
DATED: July 5, 2023
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CERTIFICATE OF SERVICE
I hereby certify that on this day I caused the original of the foregoing
Notice of Motion,
Memorandum
of Law, Cettification
of Jennifer Bama, Esq. and proposed Order to be filed with the
Clexk of the Mercer County Superior Court, via electronic filing.
I further certify that a copy of the foregoing Notice of Motion, Memorandum
of Law,
Certifications
of Jennifer Bama, Esq. and Erin Haulotte and proposed Order were served upon
Plaintiff to Michael F. O’ Connor, Esq,, via electronic filing.
/s/David W. Garland
David W. Garland
Dated: July 5, 2023
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EPSTEIN BECKER & GREEN, P.C.
David W. Garland (015861985)
One Gateway Center, 13th Floor
Newark, New Jersey 07102-5003
(973) 642-1900
Attorneys for Defendants
Wolters Kluwer United
States Inc., Wolters Kluwer U.S. Corporation,
and Linda Woodfield-Stern
DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY
MERCER COUNTY: LAW DIVISION
Plaintiff,
DOCKET NO.: MER-L-001309-22
vs.
[PROPOSED] ORDER REGARDING
WOLTERS KLUWER, N.V., WOLTERS MOTION FOR PARTIAL
KLUWER UNITED STATES INC. AND RECONSIDERATION AND A
WOLTERS KLUWER U.S. PROTECTIVE ORDER
CORPORATION, CAROLINE WOUTERS
and LINDA WOODFIELD-STERN,
Defendants.
X
This matter having been opened to the Court by Epstein Becker & Green, P.C. (David W.
Garland, Esq., appearing), attorneys for Defendants Wolters Kluwer United States Inc.
(“WKUSI”) and Wolters Kluwer U.S. Corporation (“WKUC’”) (the “Corporate Defendants”), by
way of motion, for entry of an Order: (a) reconsidering portions of the Court’s June 21, 2023 Order
granting Plaintiff's Motion to Compel as to certain discovery requests; and (b) granting the
Corporate Defendants a Protective Order as to those requests, on notice to counsel for Plaintiff,
McMoran, O’Connor Bramley & Burns, PC (Michael F. O’Connor, Esq., appearing) and the Court
having considered the parties’ submissions, for good cause shown:
IT IS on this day of , 2023;
ORDERED that:
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1 The June 21, 2023 Order granting Plaintiff's Motion to Compel is revised to deny
Plaintiffs request to compel the Corporate Defendants from responding (or further responding) to
Plaintiffs Requests to Produce Nos. 108, 111, 112, 113-116, 133-139; and Plaintiff's Interrogatory
Nos. 39, 45 and 46.
2> The Corporate Defendants are not required to respond (or further respond) to
Plaintiffs Requests to Produce Nos. 108, 111, 112, 113-116, 133-139; and Plaintiff's Interrogatory
Nos. 39, 45 and 46.
Hon. Douglas H. Hurd, P.J.Cv.
This motion was:
Opposed;
Unopposed.
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FIRM:59169802
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EPSTEIN BECKER & GREEN, P.C.
David W. Garland (015861985)
One Gateway Center, 13th Floor
Newark, New Jersey 07102-5003
(973) 642-1900
Attorneys for Defendants
Wolters Kluwer United
States Inc., Wolters Kluwer U.S. Corporation,
and Linda Woodfield-Stern
DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY
MERCER COUNTY: LAW DIVISION
Plaintiff,
DOCKET NO.: MER-L-001309-22
VS.
WOLTERS KLUWER, N.V., WOLTERS CERTIFICATION OF JENNIFER BARNA,
KLUWER UNITED STATES INC. AND ESQ. IN SUPPORT OF THE CORPORATE
WOLTERS KLUWER U.S. DEFENDANTS’ MOTION FOR PARTIAL
CORPORATION, CAROLINE WOUTERS : RECONSIDERATION AND FOR A
and LINDA WOODFIELD-STERN, PROTECTIVE ORDER
Defendants.
X
I, Jennifer Barna, being of full age, hereby certify as follows:
1 lam an attorney at law of the State of New Jersey and attorney with Epstein Becker
& Green, P.C. (“EBG”) and counsel for defendants Wolters Kluwer United States Inc.
(“WKUSI’), Wolters Kluwer U.S. Corporation (“WKUSC”) (together the “Corporate
Defendants”), and Linda Woodfield-Stern (“Woodfield-Stern”) in this action.
2. I make this Certification in support of Defendants WKUSI and WKUSC’s motion
for partial reconsideration of the Court’s June 21, 2023 Order granting Plaintiff's Motion to
Compel, and for a Protective Order.
3 Attached as Exhibit A is a true and correct copy of the Court’s March 16, 2023 e-
mail.
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4 After Plaintiff's April 5, 2023 letter detailing purported deficiencies with the
Corporate Defendants’ discovery responses, the Corporate Defendants worked with Plaintiff's
counsel to narrow the discovery issues, even after Plaintiff filed her procedurally deficient Motion
to Compel on May 10, 2023.
5 Attached as Exhibit B is a true and correct copy of the Court’s June 2, 2023 e-mail
to the parties.
6 Ultimately, the Corporate Defendants were able to narrow the majority of issues in
Plaintiff's Motion to Compel such that many issues in Plaintiffs motion papers were moot as of
the oral argument. Despite portions of Plaintiff's Motion to Compel having been mooted as of
oral argument, and the ongoing discussions between counsel regarding what remained, Plaintiff
did not withdraw all or part of her motion.
7 Attached as Exhibit C is a true and correct copy of the undersigned’s June 20, 2023
letter to counsel for Plaintiff., Michael O’Connor, Esq.
8 Attached as Exhibit D are relevant pages from the transcript of the oral argument
on Plaintiff's Motion to Compel and the Corporate Defendants’ Cross-Motions.
9 Attached as Exhibit E is a true and correct copy of American Fabric Processors.
LLC v. Verlan Fire Ins. Co., 2020 WL 4431735.
10. Attached as Exhibit F is a true and correct copy of Clehm v. BAE Systems, Inc.,
2017 WL 11367644.
11. Attached as Exhibit G is a true and correct copy of Desmarteau v. CIT Group, Inc.,
2010 WL 3733014.
12. Attached as Exhibit H is a true and correct copy of Federal National Mortgag
Association v. Clark, 2019 WL 149687.
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13. Attached as Exhibit I is a true and correct copy of Fishel v Rosen, A-2895-17T4. >
2018 WL 4568402.
14. Attached as Exhibit J is a true and correct copy of McCarthy v. Care One
Management, LLC, 2021 WL 2909000.
15. Attached as Exhibit K is a true and correct copy of Rosenbaum v. Becker &
P. oliakoff, P.A., 2010 WL 623699.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, 1 am subject to punishment.
Dated: July 5, 2023 JENNIFER BARNA
JENNIFER BARNA
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EXHIBIT A
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From: Douglas Hurd
Sent: Thursday, March 16, 2023 10:10 AM
To: moconnor@mcmoranlaw.com; David W. Garland; Jennifer Barna
Subject: [External]RE: MER-L-1309-22
Hi Counsel -- | have adjourned the two motions in paragraph 1 to 4/28, and | have withdrawn the motion to
compel. Thank you for working so cooperatively on these matters.
DHH
From: Michael O'Connor
Sent: Thursday, March 16, 2023 9:47 AM
To: Douglas Hurd ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com
Subject: RE: [External]RE: MER-L-1309-22
Dear Judge Hurd:
The parties have conferred on the pending motions (Plaintiff's Motion to Maintain the Claims Against Wolters
Kluwer, N.V. and Caroline Wouters on the Active Trial List Pursuant to Rule 1:13-7(c)(4), Plaintiff's Motion to Compel
Discovery Pursuant to Rule 4:23-1 and Rule 4:23-5(c) and Defendants’ Wolters Kluwer, N.V. and Caroline Wouters’ Motion
to Dismiss Pursuant to Rule 4:6-2(b) and (d)) and have agreed on the following resolution:
1 With the Court’s consent, the plaintiff's motion to maintain the claims against Wolters Kluwer, N.V. and
defendant Wolters Kluwer, N.V.’s motion to dismiss the amended complaint for insufficient service of process
will be adjourned until April 28, 2023. If service is properly effected within that time, plaintiff's motion will be
granted and defendant’s motion will be withdrawn. If service is not properly effected within that time,
plaintiff will file by close of business on April 28, 2023 a Notice of Dismissal as to Wolters Kluwer, N.V..
to dismiss the claims in the amended complaint against Wolters Kluwer, N.V. without prejudice.
Plaintiff agrees to voluntarily dismiss the claims in the amended complaint against defendant Caroline
Wouters without prejudice. To accomplish same, no later than Monday, March 20, 2023, Plaintiff will file a
Notice of Dismissal as to Caroline Wouters dismissing the claims against her without prejudice.
Defendants Wolters Kluwer United States, Inc. and Wolters Kluwer U.S. Corporation have indicated that they
will produce the discovery sought in plaintiff's motion to compel discovery by March 16, 2023. Should
defendants do so, plaintiff will withdraw her motion to compel.
If the adjournment request reflected in item 1 above is acceptable, the parties will submit a Stipulation that reflects
their agreement . Thank you for your attention to this matter.
Respectfully,
Michael F. O'Connor, Esq. Jennifer Barna, Esq.
Counsel for Plaintiff Counsel for Defendants
From: Douglas Hurd
Sent: Wednesday, March 15, 2023 5:30 PM
MER-L-001309-22 07/05/2023 8:42:24 PM Pg 6 of 84 Trans ID: LCV20232009813
To: Michael O'Connor ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com
Subject: RE: [External]RE: MER-L-1309-22
Thank you for the update and working together.
DHH
From: Michael O'Connor
Sent: Wednesday, March 15, 2023 5:07 PM
To: Douglas Hurd ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com
Subject: [External]RE: MER-L-1309-22
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Good afternoon Judge Hurd
| conferred with defense counsel yesterday and today and we have made substantial progress. | expect that we will be
back to you with a resolution later today or tomorrow.
Respectfully,
Michael F. O'Connor
From: Douglas Hurd
Sent: Wednesday, March 15, 2023 5:01 PM
To: Michael O'Connor ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com
Subject: RE: MER-L-1309-22
Hi Counsel — any progress on resolving these motions? If not, | will have oral argument scheduled. My schedule is
almost full for 3/17 so | would like to know sooner than later. Thank you,
DHH
From: Douglas Hurd
Sent: Monday, March 13, 2023 1:56 PM
To: MOCONNOR@MCMORANLAW.COM; DGARLAND@EBGLAW.COM
Subject: MER-L-1309-22
Hi Counsel — | see the pending motions and oppositions. Can you both talk and see if you can resolve or at least narrow
down the issues in dispute? Please talk and then e-mail me back as to the status. Thank you,
Douglas H. Hurd, PJ.Cv.
Mercer County, Civil Division
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EXHIBIT B
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From: Douglas Hurd
Sent: Friday, June 2, 2023 10:07 AM
To: moconnor@mcmoranlaw.com; David W. Garland ; Jennifer Barna ;
Nicole
Subject: MER-L-1309-22
MER-L-001309-22 07/05/2023 8:42:24 PM Pg9of84 Trans ID: LCV20232009813
CT
TERNAL EAL
Hi Counsel —| see the pending motion and cross-motion. | can tell from the papers that you have been talking about
resolving this discovery dispute. | ask that you continue these discussions in detail to try and resolve the motion, or at
least narrow down the issues in dispute. Please keep talking and then e-mail me as to the status of the motion as the
June 9 return date approaches. My oral argument calendar is almost full for that date, so please talk sooner than later
so in the event you need oral argument there is still room on my calendar.
Thank you,
DHH
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EXHIBIT C
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EPSTEIN
BECKER
GREEN
Attorneys at Law
Jennifer Barna
t 973.639.5232
f 973.639.8735
JBarna@ebglaw.com
June 20, 2023
Via E-Mail
Michael F. O’ Connor, Esq.
McMoran, O’ Connor, Bramley & Bums, P.C.
Ramshom Executive Centre
2399 Highway 34
Building D, Suite D-1
Manasquan, New Jersey 08736
Re: Dawn Mueller v. Wolters Kluwer, N-V., et al.
Docket No. MER-L-001309-22
Dear Mr. O’ Connor:
I wiite on behalf of Defendants Wolters Kluwer United States, Inc. (“WKUSI”) and
Wolters Kluwer United States Corp. (“WKUSC”) (together, “Defendants” or the “Corporate
Defendants”) in response to your June 19, 2023 letter regarding discovery.
A. Issues Regarding the Furopean Union's General Data Protective Regulation
(‘GDPR’).
Withouta shred of support, you have continuedto objectto the proposed GDPR Protective
Order in a conclusory manner that shows an utter lack of understanding as to both the GDPR and
the Corporate Defendants’ request. Indeed, you have not identified any specific objections to our
yposed Order and have further declined our request to review and advise if there are specific
provisions to which you disagree. Contrary to your unsupported and baseless allegations, and as
United States Courts have recognized, the GDPR’s broad definition of personal data inherently
includes information like an individual’s name and job title. In Re Mercedes-Benz Emissions
Litigation, No. 16-cv-881, 2020 WL 487288 (D.NJ. Jan. 30, 2020). There is no dispute that
European citizens are implicated in discovery whose names, titles and other personal information
are contained in WKUSI's responsive documents and information. Likewise, several agreed-upon
custodians for discovery of ESI are European Citizens.
WKUS is not lookingto withhold or redact relevant information covered by the GDPR --
which the court found to be the intent of the defendants in In Re Mercedes-Benz Emission
Litigation. There, the effective Stipulated Discovery Confidentiality found to be sufficient by the
Epstein Becker & Green, P.C. | One Gateway Center, 13th Floor | Newark,NJ 07102-5311 | t 973.642.1900 | f
973.642.0099 | ebglaw.com
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Michael F. O’ Connor, Esq.
June 20, 2023
Page 2
court absolutely included protections for what they defined in the Orderas “Foreign Private Data”
(which the parties definedto include, interalia, personal or private informationthat a party believes
in good faith to be subject to foreign (i.e. non-US) data protection laws” including the GDPR).
As we have repeatedly explained in an effort to amicably resolve this matter, unlike the
Mervedez-Benz case, the existing protective order in this litigation does not contain any
protections for Foreign Private Data such as the GDPR. Entry of the proposed GDPR Protective
Order would allow WKUSI to produce much of what you complain plaintiff does not have and.
will allow the parties to proceed with ESI once we agree on all the parameters. Y our refusalto
enter into the proposed protective order absent any rationale whatsoever makes clear that plaintiff’ s
intent is to obfuscate and delay this matter to avoid reaching the merits of this case, and to
effectively drive up the costs of defense as a strategic maneuver.
In short, your flat, unreasonable refusal to even consider it is holding up discovery.
B ESI
Custodians William Baker and Andres Sadler: The Corporate Defendants do not agree to
include these custodians for the reasons we have stated.
Search 81: (searching Plaintiff’s emails for the identified time frame
for (“Veena” and/or
“Parekh”) AND “Dawn” and/or “Mueller’). As a good faith effort to resolve this issue, the
Corporate Defendants will agree to these search terms, subject to your agreement that counsel for
both partieswill revisit the issue if the hits are too numerous for any given search(es)).
Dawn Mueller’s work issued phone: Corporate Defendants have advised that Ms. Mueller
retumed her work issued phone wiped of all data. There has not been any attempt to deny that she
has done so. Youalso do not deny that the data Plaintiff seeks is available to her via her Apple
ID, whichshe used to set up the texting feature on the work issued phone. Plaintiff’
s silence speaks
volumes, as she is the only one with possession, custody and control of the texts she seeks. Your
continued requests for this information and manufacturing a motion to compel seeking such
information is a self-created problem by plaintiff and a waste of judicial resources. As to your
request for “a policy under which employees have no expectation of privacy in text messages sent
orreceived on a company-issued phone,” WKUSI will review and respond to that request.
Cc WKUSTI's Responses to Plaintiff? s Document Requests
Requests
for Production Nos. 8 and 9: WKUSI will review whether the documents
you
identify in your June 19, 2020 letter exist and are responsive.
Request for Production No. 13: WKUSI will produce Plaintiff’ s performance reviews
after entry of the proposed GDPR Protective Order.
Request for Production No. 25: WKUSI has respondedby explaining that the “enterprise
survey” does not relateto Plaintiff’s performance - that subjectis addressed
in her performance
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Michael F. O’ Connor, Esq.
June 20, 2023
Page 3
reviews (which as stated above, WKUSI will produce
after entry of the proposed GDPR Protective
Order).
Requests for Production Nos. 36-42: You continue to move the target by identifying
different titles. Based upon your representation that these requests were aimed at a role for which
Plaintiff drafted a proposed Job Description, WKUSI has provided that draft Job Description (for
a proposed role of VP Corporate Marketing & Communications, which WKUSI did not adopt).
Requests
for Production Nos. 43-54. WKUSI has repeatedly stated that while Plaintiff
supported the DXG and GBS organizations at points during her employment, she never held a
“Senior Business Partner’ title (and WKUSI will seekto amend its Answerto make that clear).!
Plaintiff’s only title during her employment was Vice President, Marketing & Communications.
During Plaintiff’ s employment, she and Ms. Wouters discussed the possibility of creating “Senior
Business Partner” roles within Ms. Wouters’ organization, but ultimately WKUSI never created
those roles. Therefore, WKUSI stands by its objections and there are no responsive documents or
information for “Senior Business Partner, GBS” or “Senior Business Partner DXG” in Ms.
Wouters’ organization at any time during or since Plaintiff's employment.
Request for Production No. 59: This request calls for the production of “[alll documents
that identify the name, title and/or location of each employee who has reported to David Guarino
at any time during his employment. This issue has been resolved with WKUSI’s agreement to
provide the names, titles and worksites of the individuals who have reported to David Guarino
during his employment. WKUSI will provide the names, titles and worksites of any individuals
who are not European citizens, but requires entry of the proposed GDPR Protective Order prior to
providing the information for any European citizens.
Request for Production No. 72: This requests seeks “[alll emails between Patricia
Schobben and plaintiff after March 1, 2022.” As agood faith effortto resolve this issue, Corporate
Defendants agreed to this search, subject to your agreement
that counsel for both parties
will revisit
the issue if the hits are too numerous. Ms. Schobben is a European Citizen and therefore entry of
the proposed GDPR Protective Orderis required priorto engaging in this effort.
Request for Production No. 8&2: This request seeks “[al]ll documents that memorialize,
reflect, describe, discuss, relate or referto Julie Grandstaff’ s job duties before and after April 28,
2022.” Contrary to yourJune 19, 2023 letter, WKUSI has produced the responsive document. On
June 5, 2023, WKUSI produced the document it possesses that contains the Job Description
Summary forJulie Grandstaff, Marketing Communications Director (WKUSI 000839-840).
Requests for Production Nos. 83-88: These requests call for the production of various
documents relating to Veena Parekh’ s roles as a contractor
and employee.
1 We have been focused on narrowing the issues before the Court for the pending motion but expect to send the
yposed Amended Answer to you this week.
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Michael F. O’ Connor, Esq.
June 20, 2023
Page 4
As a good faith effort to resolve this issue, subject to and without waiving its objections,
WKUSIT
has produced Ms. Parekh’s Offer Letter, and the Job Description for Ms. Parekh’s current
tule (Director, DXG Communications, also identified in WKUSI’s systems as Director, Public
Affairs & Public Relations). WKUSI has also produced invoices and other documents relatingto
Ms. Parekh’s role as a contractor. WKUSI continues to look for responsive documents, but has
produced what it has located to date.
Requests for Production Nos. 89-94: You have clarified that Plaintiff is looking for
documents and information specific to job postings RO026681 and R0027379. WKUSI is looking
for responsive documents and information.
Requests for Production Nos. 95-99: You have clarified that Plaintiff is looking for
documents and information specific to job postings RO026681 and R0027379. WKUSI is looking
for responsive documents and information.
Requests for Production Nos. 100, 102-104: These requests call for the productionof
various documents conceming Kelly DeCastro and the role of Vice President, Branding &
Communications in the Tax Division. Contrary to yourJune 19, 2023 letter, WKUSI has produced
the Job Description for the role. On June 8, 2023, WKUSI produced 00852-856 (Job Description
for VP Communications & Branding TAA), which includes all agreed upon information.
Request
for Production No. 108: This request
seeks “[a]ll documents
that memorialize,
reflect, describe, discuss, relate to or referto any and all employee applications for an exemption
from the COVID-19 vaccination mandate based on his or her religious belief.”. WKUSI properly
objected on the grounds that this request is vague, ambiguous, overly broad, unduly burdensome,
and oppressive, and seeks documents and information that are neither relevant to the subject matter
of this litigation norreasonably calculatedto lead to the discovery of admissible evidence. WKUSI
further objected to this request because it seeks confidential documents and information about non-
parties.
Subject to and without waiving these objections, WKUSI has already provided a list of all
employees (by title) in the Corporate Functions group (of which Plaintiff was apart) who requested
an accommodation in the form of an exemption from the COVID-19 vaccination mandate based
on his or her alleged religious belief(s). WKUSI also stated that it granted all such requests from
employees in the Corporate Functions group, and that all are still employed other than: (a) Plaintiff
and (b) one candidate for employment, who withdrew her application.
Your request for further information (including names of the other employees and related
documents) is simply a harassing fishing expedition. Documents regarding religious
accommodation requests of other employees (which contain sensitive, personal information of
WKUSI’s employees and their family members) shed no light on the claims and defenses in this
action - particularly where WKUSI granted all such requests (including Plaintiff’s) in the
Corporate Functions group (of which Plaintiff was a part). Accordingly, WKUSI stands by its
objections.
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Michael F. O’ Connor, Esq.
June 20, 2023
Page5
Request
for Production No. 111: This request seeks:
All documents that memorialize, reflect, relate or referto Wolters Kluwer's
financial condition, including but not limited to:
(a) All state
and Federal tax retums filed by defendant from 2021
through
the present;
(b) All annual financial statements prepared by or for defendant from
January 1, 2022 through the present;
( All documents that show defendant's current assets and liabilities
WKUSI properly objected on several grounds, all of which WKUSI incorporate by
reference as if fully set forth herein, including that information about WKUSI s financial condition
is not discoverable until plaintiff establishes a prima facie case of the ri to recover punitive
damages, Hermanv. Sunshine Chemical Specialties, Inc., 133 NJ. 329 (1993), which she has not
done.
New Jersey law on this issue is well-settled, and the Appellate Division could not have
statedit more plainly whenit relied on Hermanto find that:
A trial court should not compel disclosure of financial information merely because a party
has asserted a punitive damages claim. The party asserting a punitive damage claim must
establish “proof of a prima facie case as a condition precedent to discovery of a defendant’ s
financial condition[.]” Herman, 133 NJ. at 346.
[R**]
[No party is] currently entitled to discover another's financial information based on a
punitive damage claim. No one has established a prima facie case for punitive damages
Fishel v Rosen, A-2895-17T4, 2018 WL 4568402 at **3-4 (NJ. App. Div., Sept. 25, 2018).
Requests
for Production Nos. 112, 113-116. These requests seek documents related to
“the relationship between” WKUSI and WKUSC and/or Wolters Kluwer, N.V., including
documents conceming officers, director and owners. WKUSI properly objected on several
grounds, all of which WKUSI incorporate by reference as if fully set forth herein, including that
these requests are unduly burdensome and harassing, and seek information that is neither relevant
nor likely to leadto the discovery of admissible evidence.
Subjectto and without waiving its objections, WKUSI also stated that it is a wholly owned
subsidiary of WKUSC, and that both are indirect wholly owned subsidiaries of Wolters Kluwer,
NV. (“WKNV”).
MER-L-001309-22 07/05/2023 8:42:24 PM Pg 16 of 84 Trans ID: LCV20232009813
Michael F. O’ Connor, Esq.
June 20, 2023
Page 6
WKUSI stands by its objections
as to WKNV, which is an indirect parent. As to WKUSI
and its direct parent company WKUSC, in a good faith effortto resolve this issue, and subjectto
and without waiving its prior objections (which are incorporated as if stated in full herein), in
response to Interrogatories 45 and 46, WKUSI identifies that the following are Officers and
Directors of both WKUSI and WKUSC, which information is subject to the October 24, 2022
Consent Protective Order and Confidentiality Agreement:
Directors:
J. Michele Balnius
Maria Joao Montenegro
ThomasJ. Nestor
Officers:
MariaJ. Montenegro - President
Erin F. Schneider - Executive Vice President, Finance
Bill Baker- Chief Human Resources Officer
Robert Ingato- Executive Vice President and Secretary
Irving Feldman - Vice President and Treasurer
Michele Balnius -Vice President and Assistant Treasurer
Heather Ford - Vice President & Assistant Secretary
Erin Sanders - Assistant Secretary
Requests for Production Nos. 117-118 This issue has been resolved and WKUSI will
produce the anti-harassment/anti-discrimination training for Ms. Wouters subject to entry of the
proposed GDPR Protective Order.
Request for Production No. 128: WKUSI has produced policy number 06-078-91-68
issued by National Union Fire Insurance Company of Pittsburgh.
Requests for Production Nos. 133-139: These requests seek documents related to data
preservation. WKUSI properly objected to these requests because they are overly broad, unduly
burdensome, and seek information that is neither relevant to the subject matter of this litigation
norreasonably calculatedto lead to the discovery of admissible evidence. WKUSI has made clear
that it intends to perform ESI searches in accordance
with the parties’ eventual agreement and thus
policies conceming data preservation shed no light on the claims and defenses in this action.
Accordingly, WKUSI stands by its objections.
D. WKUSI's Responses to Plaintiff s Interrogatories
Interrogatories No. 12 and 13: These disputes have been resolved. WKUSI rejects your
unreasonable suggestion that WKUSI should already have produced a certification with an
amended answer. It makes no sense for Corporate Defendants to create and serve multiple
Supplemental Objections and Responses to Plaintiffs Interrogatories. As has been articulated at
length, with respect to additional information that WKUSI has agreedto provide in response to
certain of Plaintiff’ s Interrogatories, once the parties have completed their discussions conceming
MER-L-001309-22 07/05/2023 8:42:24 PM Pg17of84 Trans ID: LCV20232009813
Michael F. O’ Connor, Esq.
June 20, 2023
Page 7
discovery disputes, WKUSI will produce one (1) Supplemental Objections and Responses to
Plaintiff’ s First Set of Interrogatories, with a signed Certification.
No. 14: This Intenogatory requests WKUSI to provide the identities of individuals
who reported to Plaintiff during her employment and various information about each person.
WKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if
fully set forth herein, and subject to these objections, provided responsive information for
individuals who are not European Citizens. As we have stated, after entry of the proposed GDPR
Protective Order, WKUSI will produce the remaining information for those who are European
Citizens and will confirm whether any independent contractors reported to Plaintiff during her
employment.
Interrogatory No. 18 This Interrogatory requests WKUSI to provide the identity of “each
employee or independent contractor who assumed some or all of plaintiff’ s former job duties after
Apzil 26, 2022” and various information about each person. WKUSI properly objected on several
grounds, all of which WKUSI incorporate by reference as if fully set forth herein, and provided
responsive information. WKUSI has since also provided the identities and supervisors of those
who took over certain of Plaintiff's remaining duties, and further agreed to provide for each, for
the period January 1 to December 31, 2022: dates of employment (or, as to any contractor, dates
of contract, if known), Job Descriptions, resumes (if available) and compensation. We have also
stated that to the extent any are European Citizens, WKUSI will provide the information
and
documents upon the entry of the proposed GDPR Protective Order.
Interrogatory
No. 20: This Interrogatory seeks various information conceming Linda Woodfield-
Stem. WKUSI properly objected on several grounds (all of which are incorporated by reference
herein) and subject to those objections, WKUSI provided Ms. Woodfield-Stem’s date of hire,
initial and cunrent titles and the dates during which Ms. Woodfield-Stem provided human
resources supportto Plaintiff’ s group (Corporate Functions). Y ourApril 5, 2023 letter asserts that
WKUSI’s response is deficient because it did not respond to subsections (a) through (c), which
sought: her job duties, supervisor(s), direct report(s) and compensation for each role she held
throughout heremployment. As a good faith effortto resolve this issue and subjectto and without
waiving WKUSI's objections, after the entry of the proposed GDPR Protective Order (if
applicable), WKUSI will provide the following for the period of Plaintiff's employment: WKUSI
will agree to provide the following for the period of Plaintiff's employment: Ms. Woodfiedld-
Stem’s job duties, direct report(s) and supervisor(s).
Interrogatory
No. 21: This Intemogatory asks WKUSI for an abundance of information
conceming Alex Tyrrell, including his date of hire, position(s) held, job duties, names and other
information conceming employees who have reported to him, and his compensation. WKUSI
properly objected to Interrogatory No. 21 because it is vague and ambiguous, overly broad and
unduly burdensome, and because it seeks information that is neither relevant to the issues of this
litigation nor reasonably calculated to lead to the discovery of admissible evidence. Y our Apnil 5,
2023 letter presses for an answer because “upon information and belief,” Mr. Tyrrell “played a
role in the decision to terminate plaintiff's employment.” As you well know, Mr. Tyrrell has
already certified that he did not know about and was not involved in Plaintiff’ s accommodation
MER-L-001309-22 07/05/2023 8:42:24 PM Pg18o0f84 Trans ID: LCV20232009813
Michael F. O’ Connor, Esq.
June 20, 2023
Page 8
request or any decisions conceming same, or the decisionto terminate Plaintiff’ s employment. He
further certified that Plaintiff did not reportto him and he had no supervisory authority over her,
nor did he provide any input for, or review or approve her performance reviews. Plaintiff's
repeated insistence to the contrary constitutes rank speculation.
Nonetheless, as a good faith effort to resolve this issue and subject to and without waiving
WKUSI’s objections, after the entry of the proposed GDPR Protective Order (if applicable),
WKUSI will provide the following for the period of Plaintiffs employment: Mr. Tyrrell’s date of
hire, position(s) held, job duties, names and titles of the employees who reportedto him.
Interrogatory
No. 23: This Intenogatory asks WKUSI for an abundance of information
conceming Erin Haloutte, including her date of hire, position(s) held, supervisor, job duties, and
names and titles of employees who have reported to her, and any documents that relate to the
answers. WEKUSI properly objected on several grounds, all of which WKUSI incorporate by
reference as if fully set forth herein, and subject to these objections, provided Ms. Haloutte’s date
or hire, original title and current title. The remaining information Plaintiff seeks in response to
Interrogatory No. 23 is not relevant to the claims or defenses in this actionand your letters have
not provided any assertionto the contrary.
Nonetheless, as a good faith effort to resolve this issue and subject to and without waiving
WKUSI’s objections, after the entry of the proposed GDPR Protective Order (if applicable),
WKUSI will provide the following for the period of Plaintiff’s employment: Ms. Haloutte’s date
of hire, position(s) held, job duties, names and titles of the employees
who reported
to her.
Interrogatory
No. 24: This Interrogatory asks WKUSI for an abundance of information
conceming David Guarino, including his date of hire, position(s) held, job duties, names and other
information conceming employees who have reported to him, and his compensation. WKUSI
properly objected to Interrogatory No. 24 because it is vague and ambiguous, overly broad and
unduly burdensome, and because it seeks information that is neither relevant to the issues of this
litigation nor reasonably calculatedto leadto the discovery of admissible evidence. Subjectto and
without waiving these objections, however, WKUSI produced Mr. Guarino’s date of hire, title,
anda copy of the Job Description for his role. Subjectto and without waiving its objections, ina
good faith effort to resolve this issue, WKUSI has agreed to provide the names, titles and worksites
of the individuals who have reported to David Guarino during his employment. This is subject to
entry of the proposed GDPR Protective Order (as applicable).
WKUSI will also identify
any changes in Mr. Guarino’s duties after his hire date.
This should resolve any issues regarding Interrogatory No. 24.
Interrogatory
No. 25: This Intenogatory asks WKUSI for various information conceming
Dennis Cahill, including his date of hire, position(s) held, job duties, and names and other
information conceming employees who have reported to him. WKUSI properly objected to
Interrogatory No. 25 because it is vague and ambiguous, overly broad and unduly burdensome,
and because it seeks information that is neither relevant to the issues of this litigation nor
MER-L-001309-22 07/05/2023 8:42:24 PM Pg19of84 Trans ID: LCV20232009813
Michael F. O’ Connor, Esq.
June 20, 2023
Page 9
reasonably calculated to lead to the discovery of admissible evidence. Subject to and without
waiving these objections, however, WKUSI provided Mr. Cahill’s date of hire and title
Asagood faith effortto resolve this issue and subjectto and without waiving WKUSI s objections,
after the entry of the proposed GDPR Protective Order (if applicable), WKUSI will provide the
following forthe period of Plaintiff’ s employment: Mr. Cahill’s position(s) held, job duties, names
and titles of the employees who reported to him.
Interrogatories No. 26 and 27: These Intenogatories ask WKUSI for various information
conceming Amy Kolzow and Julie Grandstaff, including their dates of hire, positions held, job
duties, names and other information conceming employees who have reported to them, and
compensation. WKUSI properly objected to Interrogatory Nos. 26 and 27 on various grounds.
Subject to and without waiving any objections, however, WKUSI provided the following for both
Ms. Kolzow and Ms. Grandstaff: dates of hire, initial and current titles, and produceda Job
Description for Ms. Kolzow’s current role. WKUSI has also agreed to supplement these response
with the following for Ms. Kolzow’s and Ms. Grandstaff’s current roles: supervisor’ s name, title
and worksite; and the name(s), title(s) and worksite(s) of her direct report(s), if any, and
compensation for January 1, 2022 to date. WKUSI has also produced a document that
the duties of Ms. Grandstaff’s role, Marketing Communications Director.
WKUSI will also agree to identify whether Ms. Kolzow
or Ms. Grandstaff’s
duties changes after
Plaintiff’ s separation.
Interrogatory
Nos. 28, 29 and 30: Please see above response regarding Requests for Production
Nos. 83-88.
Interrogatory No. 31: You fail to acknowledge that you continue to move the target by
identifying different titles. See response above to Requests for Production Nos. 36-42.
Interrogatory No. 32: This Interrogatory asks WKUSI for various information conceming the
position of “Vice President, Corporate Communications,” including the dates on which the
position
was created, the headcount
was authorized, the date when the position was posted, various
information conceming the recruiter hired to fill the position, job duties, qualifications, worksite,
supervisor (including name, title, worksite), direct reports (including name, title, worksite), name
and home address of each person who interviewed for the position, date and location of each
interview, name and worksite of each person who has held the position and qualifications of each
person who has held the position. WKUSI properly objected to Interrogatory No. 32 on several
grounds, all of which WKUSI incorporate by reference as if fully set forth herein. Subjectto and
without waiving these objections, however, WKUSI provided responsive information,
specifically: the approximate month and year that WKUS began formulating the role and when it
worked with a recnuiter to fill the role, the location of the role and the person hired by WKUS for
the role (and the date of that hire). WKUSI also produced the Position Specification for this role
and Mr. Guarino’ s candidate profile.
MER-L-001309-22 07/05/2023 8:42:24 PM Pg 20 0f84 Trans ID: LCV20232009813
Michael F. O’ Connor, Esq.
June 20, 2023
Page10
As stated above, WKUSI will also identify any changes to this role after Plaintiff's separation.
This should resolve any issues conceming Interrogatory 32.
Interrogatory Nos. 33 and 34. These Interrogatories seek information
related to roles identified
as “Senior Business Partner, DXG” and “Senior Business Partner, GBS.” See response above to
Requests for Production Nos. 43-54.
Interrogatory
No. 35: See above response regarding Requests for Production Nos. 89-94.
Interrogatory
No. 36: See above response regarding Requests for Production Nos. 95-99.
Interrogatory No. 37: This Interogatory seeks information related to a role entitled “Vice
President, Branding & Communication in the Tax Division.” WKUSI properly objectedon several
grounds, all of which WKUSI incorporate
Preview
MER-L-001309-22 07/05/2023 8:42:24 PM Pglof3 Trans ID: LCV20232009813 EPSTEIN BECKER & GREEN, P.C. David W. Garland (015861985) One Gateway Center, 13th Floor Newark, New Jersey 07102-5003 (973) 642-1900 Attomeys for Defendants Wolters Kluwer United States Inc., Wolters Kluwer U.S. Corporation, and Linda Woodfield-Stem DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY MERCER COUNTY: LAW DIVISION Plaintiff, DOCKET NO.: MER-L-001309-22 vs. NOTICE OF MOTION FOR PARTIAL WOLTERS KLUWER, N-V., WOLTERS RECONSIDERATION AND A PROTECTIVE KLUWER UNITED STATES INC. AND ORDER WOLTERS KLUWER U.S. CORPORATION, CAROLINE WOUTERS and LINDA WOODFIELD-STERN, Defendants. Xx To: Michael F. O’ Connor, Esq. McMoran, O’ Connor Bramley & Bums, PC Ramshom Executive Centre 2399 Highway 34 Bldg. D Suite D-1 Manasquan, New Jersey 08736 Attomeys for Plaintiff PLEASE TAKE NOTICE THAT on FRIDAY, JULY 21, 2023 at 9:00a.m. oras soon thereafter as counsel may be heard, the undersigned attomeys for Defendants Wolters Kluwer United States Inc. (“WKUSI”) and Wolters Kluwer U.S. Corporation (“WKUC”) (the “Corporate Defendants”) shall move before the Hon. Douglas H. Hurd of the Superior Court of New Jersey, Law Division, Mercer County, located at the Mercer County Courthouse, 175 South Board Street, Trenton, New Jersey 08650, for an Order: (a) reconsidering portions of the Court’s June 21, 2023 FIRM:59169612. MER-L-001309-22 07/05/2023 8:42:24PM Pg2of3 Trans ID: LCV20232009813 Order granting Plaintiff’s Motionto Compel as to certain discovery requests; and (b) granting the Corporate Defendants a Protective Order as to those requests. PLEASE TAKE FURTHER NOTICE that the current discovery end date is December 21, 2023 and a trial date has not been set. PLEASE TAKE FURTHER NOTICE that in support of this motion, the Corporate Defendants shall rely upon the accompanying Certifications of Erin Haulotte and Jennifer Bama, Esq., and Memorandum of Law. PLEASE TAKE FURTHER NOTICE that the Corporate Defendants request oral argument on this Motion. PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted herewith. EPSTEIN BECKER & GREEN, P.C. Attomeys for Defendants Wolters Kluwer United States Inc., Wolters Kluwer U.S. Corporation, Linda Woodfield-Stem By:_/s/DavidW. Garland David W. Garand DATED: July 5, 2023 FIRM:59169612. MER-L-001309-22 07/05/2023 8:42:24PM Pg3o0f3 Trans ID: LCV20232009813 CERTIFICATE OF SERVICE I hereby certify that on this day I caused the original of the foregoing Notice of Motion, Memorandum of Law, Cettification of Jennifer Bama, Esq. and proposed Order to be filed with the Clexk of the Mercer County Superior Court, via electronic filing. I further certify that a copy of the foregoing Notice of Motion, Memorandum of Law, Certifications of Jennifer Bama, Esq. and Erin Haulotte and proposed Order were served upon Plaintiff to Michael F. O’ Connor, Esq,, via electronic filing. /s/David W. Garland David W. Garland Dated: July 5, 2023 FIRM:59169612. MER-L-001309-22 07/05/2023 8:42:24 PM Pglof3 Trans ID: LCV20232009813 EPSTEIN BECKER & GREEN, P.C. David W. Garland (015861985) One Gateway Center, 13th Floor Newark, New Jersey 07102-5003 (973) 642-1900 Attorneys for Defendants Wolters Kluwer United States Inc., Wolters Kluwer U.S. Corporation, and Linda Woodfield-Stern DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY MERCER COUNTY: LAW DIVISION Plaintiff, DOCKET NO.: MER-L-001309-22 vs. [PROPOSED] ORDER REGARDING WOLTERS KLUWER, N.V., WOLTERS MOTION FOR PARTIAL KLUWER UNITED STATES INC. AND RECONSIDERATION AND A WOLTERS KLUWER U.S. PROTECTIVE ORDER CORPORATION, CAROLINE WOUTERS and LINDA WOODFIELD-STERN, Defendants. X This matter having been opened to the Court by Epstein Becker & Green, P.C. (David W. Garland, Esq., appearing), attorneys for Defendants Wolters Kluwer United States Inc. (“WKUSI”) and Wolters Kluwer U.S. Corporation (“WKUC’”) (the “Corporate Defendants”), by way of motion, for entry of an Order: (a) reconsidering portions of the Court’s June 21, 2023 Order granting Plaintiff's Motion to Compel as to certain discovery requests; and (b) granting the Corporate Defendants a Protective Order as to those requests, on notice to counsel for Plaintiff, McMoran, O’Connor Bramley & Burns, PC (Michael F. O’Connor, Esq., appearing) and the Court having considered the parties’ submissions, for good cause shown: IT IS on this day of , 2023; ORDERED that: FIRM:59169802 MER-L-001309-22 07/05/2023 8:42:24 PM Pg2of3 Trans ID: LCV20232009813 1 The June 21, 2023 Order granting Plaintiff's Motion to Compel is revised to deny Plaintiffs request to compel the Corporate Defendants from responding (or further responding) to Plaintiffs Requests to Produce Nos. 108, 111, 112, 113-116, 133-139; and Plaintiff's Interrogatory Nos. 39, 45 and 46. 2> The Corporate Defendants are not required to respond (or further respond) to Plaintiffs Requests to Produce Nos. 108, 111, 112, 113-116, 133-139; and Plaintiff's Interrogatory Nos. 39, 45 and 46. Hon. Douglas H. Hurd, P.J.Cv. This motion was: Opposed; Unopposed. FIRM:59169802 MER-L-001309-22 07/05/2023 8:42:24PM Pg3o0f3 Trans ID: LCV20232009813 FIRM:59169802 MER-L-001309-22 07/05/2023 8:42:24 PM Pg 1 of84 Trans ID: LCV20232009813 EPSTEIN BECKER & GREEN, P.C. David W. Garland (015861985) One Gateway Center, 13th Floor Newark, New Jersey 07102-5003 (973) 642-1900 Attorneys for Defendants Wolters Kluwer United States Inc., Wolters Kluwer U.S. Corporation, and Linda Woodfield-Stern DAWN MUELLER, SUPERIOR COURT OF NEW JERSEY MERCER COUNTY: LAW DIVISION Plaintiff, DOCKET NO.: MER-L-001309-22 VS. WOLTERS KLUWER, N.V., WOLTERS CERTIFICATION OF JENNIFER BARNA, KLUWER UNITED STATES INC. AND ESQ. IN SUPPORT OF THE CORPORATE WOLTERS KLUWER U.S. DEFENDANTS’ MOTION FOR PARTIAL CORPORATION, CAROLINE WOUTERS : RECONSIDERATION AND FOR A and LINDA WOODFIELD-STERN, PROTECTIVE ORDER Defendants. X I, Jennifer Barna, being of full age, hereby certify as follows: 1 lam an attorney at law of the State of New Jersey and attorney with Epstein Becker & Green, P.C. (“EBG”) and counsel for defendants Wolters Kluwer United States Inc. (“WKUSI’), Wolters Kluwer U.S. Corporation (“WKUSC”) (together the “Corporate Defendants”), and Linda Woodfield-Stern (“Woodfield-Stern”) in this action. 2. I make this Certification in support of Defendants WKUSI and WKUSC’s motion for partial reconsideration of the Court’s June 21, 2023 Order granting Plaintiff's Motion to Compel, and for a Protective Order. 3 Attached as Exhibit A is a true and correct copy of the Court’s March 16, 2023 e- mail. FIRM:59170424 MER-L-001309-22 07/05/2023 8:42:24 PM Pg 2 of84 Trans ID: LCV20232009813 4 After Plaintiff's April 5, 2023 letter detailing purported deficiencies with the Corporate Defendants’ discovery responses, the Corporate Defendants worked with Plaintiff's counsel to narrow the discovery issues, even after Plaintiff filed her procedurally deficient Motion to Compel on May 10, 2023. 5 Attached as Exhibit B is a true and correct copy of the Court’s June 2, 2023 e-mail to the parties. 6 Ultimately, the Corporate Defendants were able to narrow the majority of issues in Plaintiff's Motion to Compel such that many issues in Plaintiffs motion papers were moot as of the oral argument. Despite portions of Plaintiff's Motion to Compel having been mooted as of oral argument, and the ongoing discussions between counsel regarding what remained, Plaintiff did not withdraw all or part of her motion. 7 Attached as Exhibit C is a true and correct copy of the undersigned’s June 20, 2023 letter to counsel for Plaintiff., Michael O’Connor, Esq. 8 Attached as Exhibit D are relevant pages from the transcript of the oral argument on Plaintiff's Motion to Compel and the Corporate Defendants’ Cross-Motions. 9 Attached as Exhibit E is a true and correct copy of American Fabric Processors. LLC v. Verlan Fire Ins. Co., 2020 WL 4431735. 10. Attached as Exhibit F is a true and correct copy of Clehm v. BAE Systems, Inc., 2017 WL 11367644. 11. Attached as Exhibit G is a true and correct copy of Desmarteau v. CIT Group, Inc., 2010 WL 3733014. 12. Attached as Exhibit H is a true and correct copy of Federal National Mortgag Association v. Clark, 2019 WL 149687. FIRM:59170424 MER-L-001309-22 07/05/2023 8:42:24 PM Pg3of84 Trans ID: LCV20232009813 13. Attached as Exhibit I is a true and correct copy of Fishel v Rosen, A-2895-17T4. > 2018 WL 4568402. 14. Attached as Exhibit J is a true and correct copy of McCarthy v. Care One Management, LLC, 2021 WL 2909000. 15. Attached as Exhibit K is a true and correct copy of Rosenbaum v. Becker & P. oliakoff, P.A., 2010 WL 623699. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, 1 am subject to punishment. Dated: July 5, 2023 JENNIFER BARNA JENNIFER BARNA FIRM:59170424 MER-L-001309-22 07/05/2023 8:42:24 PM Pg4of84 Trans ID: LCV20232009813 EXHIBIT A MER-L-001309-22 07/05/2023 8:42:24 PM Pg5of84 Trans ID: LCV20232009813 From: Douglas Hurd Sent: Thursday, March 16, 2023 10:10 AM To: moconnor@mcmoranlaw.com; David W. Garland; Jennifer Barna Subject: [External]RE: MER-L-1309-22 Hi Counsel -- | have adjourned the two motions in paragraph 1 to 4/28, and | have withdrawn the motion to compel. Thank you for working so cooperatively on these matters. DHH From: Michael O'Connor Sent: Thursday, March 16, 2023 9:47 AM To: Douglas Hurd ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com Subject: RE: [External]RE: MER-L-1309-22 Dear Judge Hurd: The parties have conferred on the pending motions (Plaintiff's Motion to Maintain the Claims Against Wolters Kluwer, N.V. and Caroline Wouters on the Active Trial List Pursuant to Rule 1:13-7(c)(4), Plaintiff's Motion to Compel Discovery Pursuant to Rule 4:23-1 and Rule 4:23-5(c) and Defendants’ Wolters Kluwer, N.V. and Caroline Wouters’ Motion to Dismiss Pursuant to Rule 4:6-2(b) and (d)) and have agreed on the following resolution: 1 With the Court’s consent, the plaintiff's motion to maintain the claims against Wolters Kluwer, N.V. and defendant Wolters Kluwer, N.V.’s motion to dismiss the amended complaint for insufficient service of process will be adjourned until April 28, 2023. If service is properly effected within that time, plaintiff's motion will be granted and defendant’s motion will be withdrawn. If service is not properly effected within that time, plaintiff will file by close of business on April 28, 2023 a Notice of Dismissal as to Wolters Kluwer, N.V.. to dismiss the claims in the amended complaint against Wolters Kluwer, N.V. without prejudice. Plaintiff agrees to voluntarily dismiss the claims in the amended complaint against defendant Caroline Wouters without prejudice. To accomplish same, no later than Monday, March 20, 2023, Plaintiff will file a Notice of Dismissal as to Caroline Wouters dismissing the claims against her without prejudice. Defendants Wolters Kluwer United States, Inc. and Wolters Kluwer U.S. Corporation have indicated that they will produce the discovery sought in plaintiff's motion to compel discovery by March 16, 2023. Should defendants do so, plaintiff will withdraw her motion to compel. If the adjournment request reflected in item 1 above is acceptable, the parties will submit a Stipulation that reflects their agreement . Thank you for your attention to this matter. Respectfully, Michael F. O'Connor, Esq. Jennifer Barna, Esq. Counsel for Plaintiff Counsel for Defendants From: Douglas Hurd Sent: Wednesday, March 15, 2023 5:30 PM MER-L-001309-22 07/05/2023 8:42:24 PM Pg 6 of 84 Trans ID: LCV20232009813 To: Michael O'Connor ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com Subject: RE: [External]RE: MER-L-1309-22 Thank you for the update and working together. DHH From: Michael O'Connor Sent: Wednesday, March 15, 2023 5:07 PM To: Douglas Hurd ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com Subject: [External]RE: MER-L-1309-22 Cor NU uo) Fam maltcw-Jeat-li edai-tlar-}e-e m dcelaameoleey(e[-M aal-ml0le| (olt-]aVme)¢-4-1n]74-14(ela Mm Blom ale] mell(l alin) cee) me) 91-10) El ae-Lota)eat-1alecM eal (Som el 0a -Lee) 401 P4oM eal -MS-lale (-ar-alem cae dal-M xed alkcal MSL Good afternoon Judge Hurd | conferred with defense counsel yesterday and today and we have made substantial progress. | expect that we will be back to you with a resolution later today or tomorrow. Respectfully, Michael F. O'Connor From: Douglas Hurd Sent: Wednesday, March 15, 2023 5:01 PM To: Michael O'Connor ; DGARLAND@EBGLAW.COM; jbarna@ebglaw.com Subject: RE: MER-L-1309-22 Hi Counsel — any progress on resolving these motions? If not, | will have oral argument scheduled. My schedule is almost full for 3/17 so | would like to know sooner than later. Thank you, DHH From: Douglas Hurd Sent: Monday, March 13, 2023 1:56 PM To: MOCONNOR@MCMORANLAW.COM; DGARLAND@EBGLAW.COM Subject: MER-L-1309-22 Hi Counsel — | see the pending motions and oppositions. Can you both talk and see if you can resolve or at least narrow down the issues in dispute? Please talk and then e-mail me back as to the status. Thank you, Douglas H. Hurd, PJ.Cv. Mercer County, Civil Division MER-L-001309-22 07/05/2023 8:42:24 PM Pg7of84 Trans ID: LCV20232009813 EXHIBIT B MER-L-001309-22 07/05/2023 8:42:24 PM Pg 8 of 84 Trans ID: LCV20232009813 From: Douglas Hurd Sent: Friday, June 2, 2023 10:07 AM To: moconnor@mcmoranlaw.com; David W. Garland ; Jennifer Barna ; Nicole Subject: MER-L-1309-22 MER-L-001309-22 07/05/2023 8:42:24 PM Pg9of84 Trans ID: LCV20232009813 CT TERNAL EAL Hi Counsel —| see the pending motion and cross-motion. | can tell from the papers that you have been talking about resolving this discovery dispute. | ask that you continue these discussions in detail to try and resolve the motion, or at least narrow down the issues in dispute. Please keep talking and then e-mail me as to the status of the motion as the June 9 return date approaches. My oral argument calendar is almost full for that date, so please talk sooner than later so in the event you need oral argument there is still room on my calendar. Thank you, DHH MER-L-001309-22 07/05/2023 8:42:24 PM Pg10o0f84 Trans ID: LCV20232009813 EXHIBIT C MER-L-001309-22 07/05/2023 8:42:24 PM Pg1lof84 Trans ID: LCV20232009813 EPSTEIN BECKER GREEN Attorneys at Law Jennifer Barna t 973.639.5232 f 973.639.8735 JBarna@ebglaw.com June 20, 2023 Via E-Mail Michael F. O’ Connor, Esq. McMoran, O’ Connor, Bramley & Bums, P.C. Ramshom Executive Centre 2399 Highway 34 Building D, Suite D-1 Manasquan, New Jersey 08736 Re: Dawn Mueller v. Wolters Kluwer, N-V., et al. Docket No. MER-L-001309-22 Dear Mr. O’ Connor: I wiite on behalf of Defendants Wolters Kluwer United States, Inc. (“WKUSI”) and Wolters Kluwer United States Corp. (“WKUSC”) (together, “Defendants” or the “Corporate Defendants”) in response to your June 19, 2023 letter regarding discovery. A. Issues Regarding the Furopean Union's General Data Protective Regulation (‘GDPR’). Withouta shred of support, you have continuedto objectto the proposed GDPR Protective Order in a conclusory manner that shows an utter lack of understanding as to both the GDPR and the Corporate Defendants’ request. Indeed, you have not identified any specific objections to our yposed Order and have further declined our request to review and advise if there are specific provisions to which you disagree. Contrary to your unsupported and baseless allegations, and as United States Courts have recognized, the GDPR’s broad definition of personal data inherently includes information like an individual’s name and job title. In Re Mercedes-Benz Emissions Litigation, No. 16-cv-881, 2020 WL 487288 (D.NJ. Jan. 30, 2020). There is no dispute that European citizens are implicated in discovery whose names, titles and other personal information are contained in WKUSI's responsive documents and information. Likewise, several agreed-upon custodians for discovery of ESI are European Citizens. WKUS is not lookingto withhold or redact relevant information covered by the GDPR -- which the court found to be the intent of the defendants in In Re Mercedes-Benz Emission Litigation. There, the effective Stipulated Discovery Confidentiality found to be sufficient by the Epstein Becker & Green, P.C. | One Gateway Center, 13th Floor | Newark,NJ 07102-5311 | t 973.642.1900 | f 973.642.0099 | ebglaw.com FIRM:59061390v2 MER-L-001309-22 07/05/2023 8:42:24 PM Pg12o0f84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 2 court absolutely included protections for what they defined in the Orderas “Foreign Private Data” (which the parties definedto include, interalia, personal or private informationthat a party believes in good faith to be subject to foreign (i.e. non-US) data protection laws” including the GDPR). As we have repeatedly explained in an effort to amicably resolve this matter, unlike the Mervedez-Benz case, the existing protective order in this litigation does not contain any protections for Foreign Private Data such as the GDPR. Entry of the proposed GDPR Protective Order would allow WKUSI to produce much of what you complain plaintiff does not have and. will allow the parties to proceed with ESI once we agree on all the parameters. Y our refusalto enter into the proposed protective order absent any rationale whatsoever makes clear that plaintiff’ s intent is to obfuscate and delay this matter to avoid reaching the merits of this case, and to effectively drive up the costs of defense as a strategic maneuver. In short, your flat, unreasonable refusal to even consider it is holding up discovery. B ESI Custodians William Baker and Andres Sadler: The Corporate Defendants do not agree to include these custodians for the reasons we have stated. Search 81: (searching Plaintiff’s emails for the identified time frame for (“Veena” and/or “Parekh”) AND “Dawn” and/or “Mueller’). As a good faith effort to resolve this issue, the Corporate Defendants will agree to these search terms, subject to your agreement that counsel for both partieswill revisit the issue if the hits are too numerous for any given search(es)). Dawn Mueller’s work issued phone: Corporate Defendants have advised that Ms. Mueller retumed her work issued phone wiped of all data. There has not been any attempt to deny that she has done so. Youalso do not deny that the data Plaintiff seeks is available to her via her Apple ID, whichshe used to set up the texting feature on the work issued phone. Plaintiff’ s silence speaks volumes, as she is the only one with possession, custody and control of the texts she seeks. Your continued requests for this information and manufacturing a motion to compel seeking such information is a self-created problem by plaintiff and a waste of judicial resources. As to your request for “a policy under which employees have no expectation of privacy in text messages sent orreceived on a company-issued phone,” WKUSI will review and respond to that request. Cc WKUSTI's Responses to Plaintiff? s Document Requests Requests for Production Nos. 8 and 9: WKUSI will review whether the documents you identify in your June 19, 2020 letter exist and are responsive. Request for Production No. 13: WKUSI will produce Plaintiff’ s performance reviews after entry of the proposed GDPR Protective Order. Request for Production No. 25: WKUSI has respondedby explaining that the “enterprise survey” does not relateto Plaintiff’s performance - that subjectis addressed in her performance MER-L-001309-22 07/05/2023 8:42:24 PM Pg 13 0f 84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 3 reviews (which as stated above, WKUSI will produce after entry of the proposed GDPR Protective Order). Requests for Production Nos. 36-42: You continue to move the target by identifying different titles. Based upon your representation that these requests were aimed at a role for which Plaintiff drafted a proposed Job Description, WKUSI has provided that draft Job Description (for a proposed role of VP Corporate Marketing & Communications, which WKUSI did not adopt). Requests for Production Nos. 43-54. WKUSI has repeatedly stated that while Plaintiff supported the DXG and GBS organizations at points during her employment, she never held a “Senior Business Partner’ title (and WKUSI will seekto amend its Answerto make that clear).! Plaintiff’s only title during her employment was Vice President, Marketing & Communications. During Plaintiff’ s employment, she and Ms. Wouters discussed the possibility of creating “Senior Business Partner” roles within Ms. Wouters’ organization, but ultimately WKUSI never created those roles. Therefore, WKUSI stands by its objections and there are no responsive documents or information for “Senior Business Partner, GBS” or “Senior Business Partner DXG” in Ms. Wouters’ organization at any time during or since Plaintiff's employment. Request for Production No. 59: This request calls for the production of “[alll documents that identify the name, title and/or location of each employee who has reported to David Guarino at any time during his employment. This issue has been resolved with WKUSI’s agreement to provide the names, titles and worksites of the individuals who have reported to David Guarino during his employment. WKUSI will provide the names, titles and worksites of any individuals who are not European citizens, but requires entry of the proposed GDPR Protective Order prior to providing the information for any European citizens. Request for Production No. 72: This requests seeks “[alll emails between Patricia Schobben and plaintiff after March 1, 2022.” As agood faith effortto resolve this issue, Corporate Defendants agreed to this search, subject to your agreement that counsel for both parties will revisit the issue if the hits are too numerous. Ms. Schobben is a European Citizen and therefore entry of the proposed GDPR Protective Orderis required priorto engaging in this effort. Request for Production No. 8&2: This request seeks “[al]ll documents that memorialize, reflect, describe, discuss, relate or referto Julie Grandstaff’ s job duties before and after April 28, 2022.” Contrary to yourJune 19, 2023 letter, WKUSI has produced the responsive document. On June 5, 2023, WKUSI produced the document it possesses that contains the Job Description Summary forJulie Grandstaff, Marketing Communications Director (WKUSI 000839-840). Requests for Production Nos. 83-88: These requests call for the production of various documents relating to Veena Parekh’ s roles as a contractor and employee. 1 We have been focused on narrowing the issues before the Court for the pending motion but expect to send the yposed Amended Answer to you this week. MER-L-001309-22 07/05/2023 8:42:24 PM Pg14o0f84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 4 As a good faith effort to resolve this issue, subject to and without waiving its objections, WKUSIT has produced Ms. Parekh’s Offer Letter, and the Job Description for Ms. Parekh’s current tule (Director, DXG Communications, also identified in WKUSI’s systems as Director, Public Affairs & Public Relations). WKUSI has also produced invoices and other documents relatingto Ms. Parekh’s role as a contractor. WKUSI continues to look for responsive documents, but has produced what it has located to date. Requests for Production Nos. 89-94: You have clarified that Plaintiff is looking for documents and information specific to job postings RO026681 and R0027379. WKUSI is looking for responsive documents and information. Requests for Production Nos. 95-99: You have clarified that Plaintiff is looking for documents and information specific to job postings RO026681 and R0027379. WKUSI is looking for responsive documents and information. Requests for Production Nos. 100, 102-104: These requests call for the productionof various documents conceming Kelly DeCastro and the role of Vice President, Branding & Communications in the Tax Division. Contrary to yourJune 19, 2023 letter, WKUSI has produced the Job Description for the role. On June 8, 2023, WKUSI produced 00852-856 (Job Description for VP Communications & Branding TAA), which includes all agreed upon information. Request for Production No. 108: This request seeks “[a]ll documents that memorialize, reflect, describe, discuss, relate to or referto any and all employee applications for an exemption from the COVID-19 vaccination mandate based on his or her religious belief.”. WKUSI properly objected on the grounds that this request is vague, ambiguous, overly broad, unduly burdensome, and oppressive, and seeks documents and information that are neither relevant to the subject matter of this litigation norreasonably calculatedto lead to the discovery of admissible evidence. WKUSI further objected to this request because it seeks confidential documents and information about non- parties. Subject to and without waiving these objections, WKUSI has already provided a list of all employees (by title) in the Corporate Functions group (of which Plaintiff was apart) who requested an accommodation in the form of an exemption from the COVID-19 vaccination mandate based on his or her alleged religious belief(s). WKUSI also stated that it granted all such requests from employees in the Corporate Functions group, and that all are still employed other than: (a) Plaintiff and (b) one candidate for employment, who withdrew her application. Your request for further information (including names of the other employees and related documents) is simply a harassing fishing expedition. Documents regarding religious accommodation requests of other employees (which contain sensitive, personal information of WKUSI’s employees and their family members) shed no light on the claims and defenses in this action - particularly where WKUSI granted all such requests (including Plaintiff’s) in the Corporate Functions group (of which Plaintiff was a part). Accordingly, WKUSI stands by its objections. MER-L-001309-22 07/05/2023 8:42:24 PM Pg 15 o0f84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page5 Request for Production No. 111: This request seeks: All documents that memorialize, reflect, relate or referto Wolters Kluwer's financial condition, including but not limited to: (a) All state and Federal tax retums filed by defendant from 2021 through the present; (b) All annual financial statements prepared by or for defendant from January 1, 2022 through the present; ( All documents that show defendant's current assets and liabilities WKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein, including that information about WKUSI s financial condition is not discoverable until plaintiff establishes a prima facie case of the ri to recover punitive damages, Hermanv. Sunshine Chemical Specialties, Inc., 133 NJ. 329 (1993), which she has not done. New Jersey law on this issue is well-settled, and the Appellate Division could not have statedit more plainly whenit relied on Hermanto find that: A trial court should not compel disclosure of financial information merely because a party has asserted a punitive damages claim. The party asserting a punitive damage claim must establish “proof of a prima facie case as a condition precedent to discovery of a defendant’ s financial condition[.]” Herman, 133 NJ. at 346. [R**] [No party is] currently entitled to discover another's financial information based on a punitive damage claim. No one has established a prima facie case for punitive damages Fishel v Rosen, A-2895-17T4, 2018 WL 4568402 at **3-4 (NJ. App. Div., Sept. 25, 2018). Requests for Production Nos. 112, 113-116. These requests seek documents related to “the relationship between” WKUSI and WKUSC and/or Wolters Kluwer, N.V., including documents conceming officers, director and owners. WKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein, including that these requests are unduly burdensome and harassing, and seek information that is neither relevant nor likely to leadto the discovery of admissible evidence. Subjectto and without waiving its objections, WKUSI also stated that it is a wholly owned subsidiary of WKUSC, and that both are indirect wholly owned subsidiaries of Wolters Kluwer, NV. (“WKNV”). MER-L-001309-22 07/05/2023 8:42:24 PM Pg 16 of 84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 6 WKUSI stands by its objections as to WKNV, which is an indirect parent. As to WKUSI and its direct parent company WKUSC, in a good faith effortto resolve this issue, and subjectto and without waiving its prior objections (which are incorporated as if stated in full herein), in response to Interrogatories 45 and 46, WKUSI identifies that the following are Officers and Directors of both WKUSI and WKUSC, which information is subject to the October 24, 2022 Consent Protective Order and Confidentiality Agreement: Directors: J. Michele Balnius Maria Joao Montenegro ThomasJ. Nestor Officers: MariaJ. Montenegro - President Erin F. Schneider - Executive Vice President, Finance Bill Baker- Chief Human Resources Officer Robert Ingato- Executive Vice President and Secretary Irving Feldman - Vice President and Treasurer Michele Balnius -Vice President and Assistant Treasurer Heather Ford - Vice President & Assistant Secretary Erin Sanders - Assistant Secretary Requests for Production Nos. 117-118 This issue has been resolved and WKUSI will produce the anti-harassment/anti-discrimination training for Ms. Wouters subject to entry of the proposed GDPR Protective Order. Request for Production No. 128: WKUSI has produced policy number 06-078-91-68 issued by National Union Fire Insurance Company of Pittsburgh. Requests for Production Nos. 133-139: These requests seek documents related to data preservation. WKUSI properly objected to these requests because they are overly broad, unduly burdensome, and seek information that is neither relevant to the subject matter of this litigation norreasonably calculatedto lead to the discovery of admissible evidence. WKUSI has made clear that it intends to perform ESI searches in accordance with the parties’ eventual agreement and thus policies conceming data preservation shed no light on the claims and defenses in this action. Accordingly, WKUSI stands by its objections. D. WKUSI's Responses to Plaintiff s Interrogatories Interrogatories No. 12 and 13: These disputes have been resolved. WKUSI rejects your unreasonable suggestion that WKUSI should already have produced a certification with an amended answer. It makes no sense for Corporate Defendants to create and serve multiple Supplemental Objections and Responses to Plaintiffs Interrogatories. As has been articulated at length, with respect to additional information that WKUSI has agreedto provide in response to certain of Plaintiff’ s Interrogatories, once the parties have completed their discussions conceming MER-L-001309-22 07/05/2023 8:42:24 PM Pg17of84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 7 discovery disputes, WKUSI will produce one (1) Supplemental Objections and Responses to Plaintiff’ s First Set of Interrogatories, with a signed Certification. No. 14: This Intenogatory requests WKUSI to provide the identities of individuals who reported to Plaintiff during her employment and various information about each person. WKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein, and subject to these objections, provided responsive information for individuals who are not European Citizens. As we have stated, after entry of the proposed GDPR Protective Order, WKUSI will produce the remaining information for those who are European Citizens and will confirm whether any independent contractors reported to Plaintiff during her employment. Interrogatory No. 18 This Interrogatory requests WKUSI to provide the identity of “each employee or independent contractor who assumed some or all of plaintiff’ s former job duties after Apzil 26, 2022” and various information about each person. WKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein, and provided responsive information. WKUSI has since also provided the identities and supervisors of those who took over certain of Plaintiff's remaining duties, and further agreed to provide for each, for the period January 1 to December 31, 2022: dates of employment (or, as to any contractor, dates of contract, if known), Job Descriptions, resumes (if available) and compensation. We have also stated that to the extent any are European Citizens, WKUSI will provide the information and documents upon the entry of the proposed GDPR Protective Order. Interrogatory No. 20: This Interrogatory seeks various information conceming Linda Woodfield- Stem. WKUSI properly objected on several grounds (all of which are incorporated by reference herein) and subject to those objections, WKUSI provided Ms. Woodfield-Stem’s date of hire, initial and cunrent titles and the dates during which Ms. Woodfield-Stem provided human resources supportto Plaintiff’ s group (Corporate Functions). Y ourApril 5, 2023 letter asserts that WKUSI’s response is deficient because it did not respond to subsections (a) through (c), which sought: her job duties, supervisor(s), direct report(s) and compensation for each role she held throughout heremployment. As a good faith effortto resolve this issue and subjectto and without waiving WKUSI's objections, after the entry of the proposed GDPR Protective Order (if applicable), WKUSI will provide the following for the period of Plaintiff's employment: WKUSI will agree to provide the following for the period of Plaintiff's employment: Ms. Woodfiedld- Stem’s job duties, direct report(s) and supervisor(s). Interrogatory No. 21: This Intemogatory asks WKUSI for an abundance of information conceming Alex Tyrrell, including his date of hire, position(s) held, job duties, names and other information conceming employees who have reported to him, and his compensation. WKUSI properly objected to Interrogatory No. 21 because it is vague and ambiguous, overly broad and unduly burdensome, and because it seeks information that is neither relevant to the issues of this litigation nor reasonably calculated to lead to the discovery of admissible evidence. Y our Apnil 5, 2023 letter presses for an answer because “upon information and belief,” Mr. Tyrrell “played a role in the decision to terminate plaintiff's employment.” As you well know, Mr. Tyrrell has already certified that he did not know about and was not involved in Plaintiff’ s accommodation MER-L-001309-22 07/05/2023 8:42:24 PM Pg18o0f84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 8 request or any decisions conceming same, or the decisionto terminate Plaintiff’ s employment. He further certified that Plaintiff did not reportto him and he had no supervisory authority over her, nor did he provide any input for, or review or approve her performance reviews. Plaintiff's repeated insistence to the contrary constitutes rank speculation. Nonetheless, as a good faith effort to resolve this issue and subject to and without waiving WKUSI’s objections, after the entry of the proposed GDPR Protective Order (if applicable), WKUSI will provide the following for the period of Plaintiffs employment: Mr. Tyrrell’s date of hire, position(s) held, job duties, names and titles of the employees who reportedto him. Interrogatory No. 23: This Intenogatory asks WKUSI for an abundance of information conceming Erin Haloutte, including her date of hire, position(s) held, supervisor, job duties, and names and titles of employees who have reported to her, and any documents that relate to the answers. WEKUSI properly objected on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein, and subject to these objections, provided Ms. Haloutte’s date or hire, original title and current title. The remaining information Plaintiff seeks in response to Interrogatory No. 23 is not relevant to the claims or defenses in this actionand your letters have not provided any assertionto the contrary. Nonetheless, as a good faith effort to resolve this issue and subject to and without waiving WKUSI’s objections, after the entry of the proposed GDPR Protective Order (if applicable), WKUSI will provide the following for the period of Plaintiff’s employment: Ms. Haloutte’s date of hire, position(s) held, job duties, names and titles of the employees who reported to her. Interrogatory No. 24: This Interrogatory asks WKUSI for an abundance of information conceming David Guarino, including his date of hire, position(s) held, job duties, names and other information conceming employees who have reported to him, and his compensation. WKUSI properly objected to Interrogatory No. 24 because it is vague and ambiguous, overly broad and unduly burdensome, and because it seeks information that is neither relevant to the issues of this litigation nor reasonably calculatedto leadto the discovery of admissible evidence. Subjectto and without waiving these objections, however, WKUSI produced Mr. Guarino’s date of hire, title, anda copy of the Job Description for his role. Subjectto and without waiving its objections, ina good faith effort to resolve this issue, WKUSI has agreed to provide the names, titles and worksites of the individuals who have reported to David Guarino during his employment. This is subject to entry of the proposed GDPR Protective Order (as applicable). WKUSI will also identify any changes in Mr. Guarino’s duties after his hire date. This should resolve any issues regarding Interrogatory No. 24. Interrogatory No. 25: This Intenogatory asks WKUSI for various information conceming Dennis Cahill, including his date of hire, position(s) held, job duties, and names and other information conceming employees who have reported to him. WKUSI properly objected to Interrogatory No. 25 because it is vague and ambiguous, overly broad and unduly burdensome, and because it seeks information that is neither relevant to the issues of this litigation nor MER-L-001309-22 07/05/2023 8:42:24 PM Pg19of84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page 9 reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, however, WKUSI provided Mr. Cahill’s date of hire and title Asagood faith effortto resolve this issue and subjectto and without waiving WKUSI s objections, after the entry of the proposed GDPR Protective Order (if applicable), WKUSI will provide the following forthe period of Plaintiff’ s employment: Mr. Cahill’s position(s) held, job duties, names and titles of the employees who reported to him. Interrogatories No. 26 and 27: These Intenogatories ask WKUSI for various information conceming Amy Kolzow and Julie Grandstaff, including their dates of hire, positions held, job duties, names and other information conceming employees who have reported to them, and compensation. WKUSI properly objected to Interrogatory Nos. 26 and 27 on various grounds. Subject to and without waiving any objections, however, WKUSI provided the following for both Ms. Kolzow and Ms. Grandstaff: dates of hire, initial and current titles, and produceda Job Description for Ms. Kolzow’s current role. WKUSI has also agreed to supplement these response with the following for Ms. Kolzow’s and Ms. Grandstaff’s current roles: supervisor’ s name, title and worksite; and the name(s), title(s) and worksite(s) of her direct report(s), if any, and compensation for January 1, 2022 to date. WKUSI has also produced a document that the duties of Ms. Grandstaff’s role, Marketing Communications Director. WKUSI will also agree to identify whether Ms. Kolzow or Ms. Grandstaff’s duties changes after Plaintiff’ s separation. Interrogatory Nos. 28, 29 and 30: Please see above response regarding Requests for Production Nos. 83-88. Interrogatory No. 31: You fail to acknowledge that you continue to move the target by identifying different titles. See response above to Requests for Production Nos. 36-42. Interrogatory No. 32: This Interrogatory asks WKUSI for various information conceming the position of “Vice President, Corporate Communications,” including the dates on which the position was created, the headcount was authorized, the date when the position was posted, various information conceming the recruiter hired to fill the position, job duties, qualifications, worksite, supervisor (including name, title, worksite), direct reports (including name, title, worksite), name and home address of each person who interviewed for the position, date and location of each interview, name and worksite of each person who has held the position and qualifications of each person who has held the position. WKUSI properly objected to Interrogatory No. 32 on several grounds, all of which WKUSI incorporate by reference as if fully set forth herein. Subjectto and without waiving these objections, however, WKUSI provided responsive information, specifically: the approximate month and year that WKUS began formulating the role and when it worked with a recnuiter to fill the role, the location of the role and the person hired by WKUS for the role (and the date of that hire). WKUSI also produced the Position Specification for this role and Mr. Guarino’ s candidate profile. MER-L-001309-22 07/05/2023 8:42:24 PM Pg 20 0f84 Trans ID: LCV20232009813 Michael F. O’ Connor, Esq. June 20, 2023 Page10 As stated above, WKUSI will also identify any changes to this role after Plaintiff's separation. This should resolve any issues conceming Interrogatory 32. Interrogatory Nos. 33 and 34. These Interrogatories seek information related to roles identified as “Senior Business Partner, DXG” and “Senior Business Partner, GBS.” See response above to Requests for Production Nos. 43-54. Interrogatory No. 35: See above response regarding Requests for Production Nos. 89-94. Interrogatory No. 36: See above response regarding Requests for Production Nos. 95-99. Interrogatory No. 37: This Interogatory seeks information related to a role entitled “Vice President, Branding & Communication in the Tax Division.” WKUSI properly objectedon several grounds, all of which WKUSI incorporate