Palmer v. eCapital Corp.

Background

Jennifer Palmer brought an employment case against eCapital Corp., eCapital Asset Based Lending, Marius Silvasan, Jonathan Staebler, Steven McDonald, and Cris Neely. The opinion says Palmer alleges sex discrimination and retaliation under federal and local statutes. Palmer asked the court to partly quash, or cancel, and modify a subpoena that the defendants served on Melissa Fleishman, a former ABL employee who now works with Palmer at the J. Palmer Collective.

The subpoena sought information covering five months, including documents and communications about Fleishman’s departure from ABL, texts and emails between Fleishman and Palmer concerning Fleishman’s work for the J. Palmer Collective, and texts and emails concerning current or former eCapital or ABL clients and employees. Palmer argued that the requests were irrelevant and disproportionate. She also argued that the defendants could not seek discovery merely to investigate a possible claim based on a non-solicitation provision that was not part of the case.

Ruling

The court denied the application. Incorporating the defendants’ discussion at ECF No. 75, the court found that the defendants met the low threshold for establishing relevance and that their request for emails and text messages exchanged over five months was proportional to the needs of the case. The court ordered Melissa Fleishman to produce the relevant discovery by February 15, 2024.

Effect of the Order

The ruling addressed discovery from a non-party; it did not decide the merits of Palmer’s discrimination or retaliation claims. The order also directed the Clerk of Court to terminate the application.