Start of Discovery, Davis vs. Mass. Attorney General

Start of Discovery

Discovery is the seeking of dispositive evidence from the litigants or any related party. In my case against the Massachusetts Attorney General (AG) and the Massachusetts Human Resources Division. (MHRD). For the Plaintiff Discovery can begin once the Defendant is served with the Complaint. For the Defendant Discovery can start when the Complaint is filed at the Clerk of Court office.

There are several types of Discovery, documents, addmittals, dispositions, and questions.

At this time I have sent to the MHRD and the AG requests for the production of documents. A copy of the Request for Documents can be seen below. 

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   COMMONWEALTH OF MASSACHUSETTS

                                                                                                                                       WORCESTER,  SS                                  SUPERIOR COURT  

Docket No. 1785 CV00873 D                                                                                                                                                                                                                                                                                                     

                                                                                                     

                                                          

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GORDON T. DAVIS, Plaintiff                                          

                                                                                            

                             Vs.                                                         

                                                                                            

Massachusetts Human Resources Division,                                                                                                                 

Office of Massachusetts Attorney General                                                                                                                                                                     

Defendants                                                                        

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PLAINITFF’S REQUEST FOR FIRST SET OF DCOUMNETS FROM DEFENDANT MASSACHUSETTS HUMAN RESOURCES DIVISION (HRD)

In the above entitled action, and request, pursuit to Rule 34 of the Massachusetts Rules of Civil Procedure the Defendant Massachusetts Human Resources produce and permit the inspection and photocopying of the documents designated herein and by M.G.L. Chapter 149, Section 52C 

Section 52C: Personnel records; review by employee; corrections; penalty

Section 52C. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Employee'', a person currently employed or formerly employed by an employer; provided, however, that for purposes of this section, persons who are employed, or were formerly employed, by a private institution of higher education in positions which may lead to tenure, are tenured, or which involve responsibilities similar to those in tenure-track positions, shall not be considered employees.

''Employer'', an individual, corporation, partnership, labor organization, unincorporated association or any other legal business, public or private, or commercial entity including agents of the employer.

''Personnel record'', a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as provided in this section. A personnel record shall not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy. Without limiting the applicability or generality of the foregoing, all of the following written information or documents to the extent prepared by an employer of twenty or more employees regarding an employee shall be included in the personnel record for that employee: the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to his advertisement by the employee; all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee. A personnel record shall be maintained in typewritten or printed form or may be handwritten in indelible ink.

These documents are to be produced to the Plaintiff at 416 Lake Ave, Worcester, MA 01604 within thirty (30) days of the date of this Request.

DEFINITIONS

1.     “You” and “yours” refer to “Massachusetts Human Resources Division” (and any other person or entity under its control or acting on its behalf)

2.     As used herein “copy” or “copies” or “documents” shall mean written recorded, or graphic matter of every type and description, however, and by whomever prepared, produced, reproduced, disseminated, or made, which is in the custody, control, or possession of HRD, its agents, or attorneys.  Documents produced shall include each copy of any document which is not identical to any other copy and shall include any copy of any document upon which any marking or notation is made which is not made upon the original or copy thereof.

3.     Unless otherwise specified the time period for which documents requested is from September 1, 2006 to present, updated seasonally. 

DESTRUCTION OF REQUESTED DOCUMENTS

If any document sought by this Request has been destroyed, and if no copy exists within your possession, control, or custody, please identify the document, the date of its destruction, the person responsible for ordering its destruction, the person performing the destruction, the method of its destruction, and purpose thereof.

PRIVILEDGE OF WORK PRODUCT PROTECTION

Any document requested to be produced that you believe may be withheld on the grounds of either privilege or work product protection is to be listed with a brief description of the document and a statement for the basis of the withholding.

PRODUCTION OF REQUESTED DOCUMENTS

The documents that are produced that are produced in response to these requests shall be organized and labelled to the numbered requests herein.

                                   REQUESTS

1.     Any and all documents as described in M.G.L. Chapter 149, Section 52C.

2.     Any and all documents given to NAGE/SEIU regarding allegations of contract violations by HRD against Plaintiff.

3.     Any and all documents regarding HRD policies regarding compliance with MG.L. Chapter 149, Sec. 52C.

4.     Any and all documents provided to the HRD by the Office of the Massachusetts Attorney General regarding the enforcement of or compliance with M.G.L. Chapter 149, Sec. 52C

Sincerely,

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Gordon T. Davis                                            Date                                                            Pro Se Plaintiff