Raml v. Creighton University, 090507 NEWC, 1591

• Case Date: September 05, 2007
• Court: Nebraska

KEITH RAML, Plaintiff, v. CREIGHTON UNIVERSITY, Defendant. No. 1591 DOC 206 Nebraska Workers Compensation September 5, 2007           Steven H. Howard, Attorney at Law           Jon S. Reid, Attorney at Law           ORDER           Ronald L. Brown, JUDGE           Defendant’s Objection to Plaintiff’s Rule 34A Notice and Subpoenas to the Nebraska Equal Opportunity Commission, the Jesuit Community, c/o Creighton University Human Resources and Veracity Research Company were heard August 23, 2007. The parties were represented by counsel. Plaintiff offered Exhibit 1, the affidavit of plaintiff. Defendant’s objection to parts of Exhibit 1 was sustained as indicated on the record. Exhibit 1 was received. Arguments were heard.          Plaintiff argued that the materials sought from the Nebraska Equal Opportunity Commission and the Jesuit Community may bear upon his entitlement to vocational services, specifically his ability to return to his previous position with reasonable accommodation of alleged physical restrictions or a new position with defendant. Defendant’s counsel argued the materials requested may contain material protected by the attorney – client privilege or work product privilege and material irrelevant to his workers’ compensation claim and not reasonably calculated to lead to admissible evidence.          If the entities subpoenaed have material which may bear on an issue relevant to plaintiff’s workers’ compensation claim, plaintiff is entitled to review that information. Conversely, plaintiff is not entitled to go on a fishing expedition for materials not relevant to his pending...