UNITED STATES DISTRICT COURTEASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISIONCIVIL ACTION CASE NO. 5:09-cv-00244-KSF
C . M A R T I N G A S K E L L P L A I N T I F F
V. DEFENDANT UNIVERSITY OF KENTUCKY'S RESPONSESTO PLAINTIFF'S FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS. ELECTRONICALLY-STOREDINFORMATION AND TANGIBLE THINGS
U N I V E R S I T Y O F K E N T U C K Y D E F E N D A N T
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Comes the Defendant, University of Kentucky, by counsel, and for its Responses to the
Plaintiffs First Set of Requests for Production of Documents, Electronically Stored Information
and Tangible Things, states as follows:
REQUEST NO. 1: Any and all documents, correspondence, tangible things, and
electronically stored information that Defendant (its agents or third-parties) sent to, prepared for,
or received from the federal Equal Employment Opportunity Commission, the Kentucky
Commission on Human Rights, or any other agency or entity concerning Plaintiffs allegations
against Defendant.
RESPONSE: OBJECTION. The documents requested are not subject to discovery as
they were prepared in anticipation of litigation and are work product. Without waiving this
OBJECTION, see documents under Tab 1.
REQUEST NO. 2: Any and all documents, correspondence, tangible things, and
electronically stored information concerning any investigation by Defendant, its agents, or third
parties of the events set forth in the Complaint filed in this action.
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RESPONSE: Please see Defendant's Response to Plaintiffs First set of Interrogatories.
Interrogatory No. 12 and documents supplied with those Interrogatory Answers under Tab 11.
REQUEST NO. 3: Any and all documents, correspondence, tangible things, and
electronically stored information concerning each oral or written complaint of religious
discrimination in employment against Defendant from January 1, 2004 to the present. These
should include those made against Defendant to an administrative agency such as the federal
Equal Employment Opportunity Commission, the Kentucky Commission on Human Rights or
other such agency or entity and also those made solely within the Defendant's corporate
structure.
RESPONSE: The University has received three religious discrimination complaints
since January 1, 2004. All three of the complaints were filed in 2007. Attached hereto under
Tab 3 are documents concerning the complaints of religious discrimination and the investigations
which ensued.
REQUEST NO. 4: Any and all documents, correspondence, tangible things, and
electronically stored information pertaining to any aspect of Defendant's efforts to fill the
position of Director of the MacAdam Student Observatory.
RESPONSE: The Defendant has already provided documents responsive to Request No.
4 with its Rule 26 Initial Disclosures. See additional documents under Tab 4.
REQUEST NO. 5: Any and all policies which set forth the process and procedures
governing Defendant's search to fill the position of director of the MacAdam Student
Observatory.
RESPONSE: There were no specific policies regarding the process and procedure
governing the Defendant's search to fill the position of Director of the MacAdam Student
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Observatory. The University's policy regarding staff employment or HR Policy No. 10, and the
University's Equal Opportunity Discrimination & Harassment Policy or HR Policy No. 2 are
attached hereto under Tab 5. The University's Human Resources policies are available on the
world-wide web at www.ukv.edu/HR/policies.
REQUEST NO. 6: Any and all policies which indicate how the ultimate decision would
be made, and was made, as to whom would be offered the position of Director of the MacAdam
Student Observatory.
RESPONSE: The University has no documents responsive to Request for Production of
Documents No. 6. Although the University has no policies responsive to Request No. 6,
documentation regarding how the search process worked and how the ultimate choice of
candidate was made were supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.
REQUEST NO. 7: Any and all documents, correspondence, tangible things, and
electronically stored information submitted to Defendant by persons who applied for the position
of Director of the MacAdam Student Observatory.
RESPONSE: See documents produced pursuant to Request for Production of
Documents No. 4.
REQUEST NO. 8: Any and all documents, correspondence, tangible things, and
electronically stored information submitted to Defendant, to the search committee charged with
filling the position of Director of the MacAdam Student Observatory, and/or one of the search
committee members, by any person regarding Defendant's efforts to fill the position of director
of the MacAdam Student Observatory.
RESPONSE: Documents responsive to Request for Production of Documents No. 8
were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.
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REQUEST NO. 9: Any and all documents, correspondence, tangible things, and
electronically stored information sent to or received by any employee or agent of Defendant
relating to the application process, hiring process, and/or decision process pertaining to
Defendant's efforts to fill the position of Director of the MacAdam Student Observatory.
RESPONSE: See Response to Request for Production of Documents No. 4.
Additionally. Documents responsive to Request for Production of Documents No. 9 were
provided to the Plaintiff with Defendant's Rule 26 Initial Disclosures.
REQUEST NO. 10: Any and all documents, correspondence, tangible things, and
electronically stored information sent to, received by, considered by, and/or written by Steven L.
Hoch involving Defendant's efforts to fill the position of director of the MacAdam Student
observatory, including anything concerning, involving, or pertaining to Plaintiff C. Martin
Gaskell.
RESPONSE: Defendant has no documents responsive to Request for Production of
Documents No. 10 other than documents supplied with Defendant's Rule 26 Initial Disclosures..
REQUEST NO. 11: Any and all documents, correspondence, tangible things, and
electronically stored information sent to, received by, considered by, and/or written by Kumble
R. Subbaswamy involving Defendant's efforts to fill the position of Director of the MacAdam
Student Observatory, including anything concerning, involving, or pertaining to Plaintiff C.
Martin Gaskell.
RESPONSE: Defendant has no documents responsive to Request for Production of
Documents No. 11 other than the documents which were supplied with Defendant's R. 26 Initial
Disclosures..
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REQUEST NO. 12: Any and all documents, correspondence, tangible things, and
electronically stored information sent to, received by, considered by, and/or written by any
person named in Defendant's initial disclosures involving Defendant's efforts to fill the position
of Director of the MacAdam Student Observatory, including anything concerning, involving, or
pertaining to Plaintiff C. Martin Gaskell.
RESPONSE: All documents responsive to Request for Production of Documents No. 12
were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures. See
Response to Request for Production of Documents No. 22 and documents produced under Tab
22.
REQUEST NO. 13: Any and all documents, correspondence, tangible things, and
electronically stored information which concerns or relates to Plaintiff, including, but not limited
to, his application for employment with Defendant, his religious beliefs, his professional writings
and opinions, and his past employment.
RESPONSE: See documents provided in response to Request for Production of
Documents No. 4. Any and all additional documents responsive to Request for Production of
Documents No. 13 were supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures.
REQUEST NO. 14: Any and all documents, correspondence, tangible things, and
electronically stored information obtained by Defendant, its employees, or its agents, from any
person employed by or associated with the University of Nebraska and/or the University of
Texas concerning Plaintiff.
RESPONSE: The University has no documents responsive to Request for Production of
Documents No. 14.
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REQUEST NO. 15: Any and all documents, correspondence, tangible things, and
electronically stored information which set forth the employment duties, salary, and benefits for
Director of the MacAdam Student Observatory.
RESPONSE: The job posting for the Director of the MacAdam Student Observatory was
supplied to Plaintiff with Defendant's Rule 26 Initial Disclosures and was attached as an exhibit
to Plaintiffs deposition transcript.
REQUEST NO. 16: Any and all documents, correspondence, tangible things, and
electronically stored information concerning the facts or information that Defendant contends
refute, in any way, the allegations in Plaintiffs Complaint filed in this action.
RESPONSE: See documents produced by Defendant with Rule 26 Initial Disclosures.
REQUEST NO. 17: Any and all documents, correspondence, tangible things, and
electronically stored information concerning and supporting Defendant's affirmative defenses in
its Answer filed in this action.
RESPONSE: The University has no documents responsive to Request for Production of
Documents No. 17.
REQUEST NO. 18: Any and all documents, correspondence, tangible things, and
electronically stored information that were identified by Defendant in response to Plaintiffs First
Set of Interrogatories to Defendant.
RESPONSE: Documents referenced in Defendant's Answers to Plaintiffs First Set of
Interrogatories were supplied with the Defendant's Answers to Plaintiffs First Set of
Interrogatories.
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REQUEST NO. 19: Any and all documents, correspondence, tangible things, and
electronically stored information to be used by Defendant in this action, including in support of
any dispositive motion and at trial.
RESPONSE: Unknown at the present time. This Response will be supplemented
pursuant to the Court's Pre-Trial Order.
REQUEST NO. 20: Any and all expert reports Defendant plans to use in defending this
action, including any and all drafts of said reports.
RESPONSE: The Defendant has not retained any experts at this time.
REQUEST NO. 21: Any and all documents considered and/or produced by any agency
of Defendant regarding any investigation pertaining to any matter relating to Defendant's search
to fill the position of Director of the MacAdam Student Observatory, including, but not limited
to, any investigation regarding Defendant's decision not to choose Plaintiff for said position.
RESPONSE: Documents responsive to Request for Production of Documents No. 21
were supplied with Defendant's Rule 26 Initial Disclosures. Additionally, see Defendant's
Answers to Plaintiffs First Set of Interrogatories and documents produced under Tab 11.
REQUEST NO. 22: Any and all diaries and/or notes written by any employee or agent
of Defendant concerning the application and hiring process for the position of Director of the
MacAdam Student Observatory, including any notes written during or after any interview of any
applicant for this position and any notes written during or after any meeting or conversation or
communication between two or more members of the search committee involving this position.
RESPONSE: Documents responsive to Plaintiffs Request for Production of Documents
No. 22 were already supplied to the Plaintiff with Defendant's Rule 26 Initial Disclosures. In
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addition to those documents, see a summary which was drafted by Advisory Commit!
Sally Shafer regarding interviews of various candidates under Tab 22.ee member
VERIFICATION
MICHAEL CAVAGNERO, CHAIRMANUNIVERSITY OF KENTUCKY
STATE OF KENTUCKY DE?T' °F PHYSICS & ASTRONOMY
COUNTY OF FAYETTE
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My commission expires:
NOTARY PUBLIC
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Respectfully submitted,
PNP RRV^IZ' fNK,NS' PREWITT & JONES, PSCPNC Bank Plaza, Suite 710200 West Vine StreetLexington, Kentucky 40507-1620Telephone: (859) 255-6885, Ext. 114Facsimile: (859) 253-9709E-Mail: [email protected]
&Cull&i&COUNSEL FOR DEFENDANTUNIVERSITY OF KENTUCKY
CERTIFICATE OF SEP Vinr
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I hereby certify that a true and accurate copy of the foregoing pleading has been servedby mail upon the following parties on this the JO day of fuJlfAAAdUvf , 2010:
Original to:Geoffrey R. SurteesFrancis J. ManionAmerican Center for Law & Justice6375 New Hope RoadNew Hope, KY 40052andEdward L. White, IIIAmerican Center for Law & Justice5068 Plymouth RoadAnn Arbor, Ml 48105Counsel for Plaintiff
^cuMuji a -fi^BARBARA A. KRIZ
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