ILNews

Lilly must produce files from noose incident

Back to TopCommentsE-mailPrintBookmark and Share

Eli Lilly & Co. must produce documents related to the handling of a noose being found in an area its employees frequent for discovery in a separate suit alleging discrimination in the company.

U.S. District Magistrate Judge Jane Magnus-Stinson of Indiana's Southern District Tuesday granted the plaintiff's motion to compel discovery relating to a 2008 noose incident near Eli Lilly in the case Cassandra Welch, et al. v. Eli Lilly & Co., No. 1:06-cv-0641.

Cassandra Welch and three other employees filed two proposed class-action complaints in April 2006 against the drug maker alleging discrimination throughout the workforce regarding pay, discipline, promotions, and other areas, and that incidents of racial harassment and intimidation resulted in a hostile work environment. According to the complaint, Welch once found a dark-colored doll with a noose around its neck on her desk. The second complaint alleges Lilly discourages investigations that uncover evidence of race discrimination and covers up such incidents.

The documents at question in this case involve a February 2008 incident in which contract security officer Dawn Johnson saw a rope in a tree with a hangman's noose on the end of it near a parking garage associated with Lilly. Johnson reported the incident to supervisors and claimed she wasn't contacted by any Lilly employee until a month later, after Welch made her complaint to the FBI.

Lilly objected to the discovery request saying it was overbroad and burdensome, and wanted information that wasn't relevant to the subject matter of Welch's suits.

Magistrate Magnus-Stinson rejected Lilly's arguments that the information about the February 2008 incident was irrelevant. The critical issue is not whether any Lilly employee was involved in the incident but rather the company's response to the incident. Welch and others have alleged a hostile work environment and that Lilly has failed to respond to or covered up past incidents of a hostile nature and Lilly's response to this incident is relevant to that claim, wrote the magistrate.

Lilly also feared the information would be used to publicize and sensationalize the suit, citing two press releases issued regarding the incident. Counsel for the plaintiffs assured that any documents produced would be protected pursuant to terms of a protective order in place.

Magistrate Magnus-Stinson ordered Lilly to produce the requested documents by Jan. 30.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT