Plaintiff moves this Court for an order compelling Defendant to produce internal Slack and Microsoft Teams communications pursuant to Utah R. Civ. P. 26(b)(1) and 37(a)(3)(B).
On September 12, 2023, Plaintiff served Requests for Production seeking all internal communications regarding Project Meridian. Defendant objected on proportionality grounds without conducting a reasonable inquiry into the burden of production...
Case strength scoring, outcome prediction, and the critical vulnerability you almost missed. No account required.
The but-for causation standard under Gross is the hidden fulcrum of this case. While the statistical pattern is compelling, the defense need only establish one plausible non-discriminatory reason to shift the narrative. Discovery should target the VP’s decision-making process, not just the outcome.
Cases with this fact pattern settle 60-70% of the time in the mid-six figures. The judicial landscape favors early, aggressive motion practice to establish the statistical evidence before the defense can fragment the narrative through individual-capacity arguments.
The inferential chain is structurally sound but has one critical dependency: the replacement hire timing. If the requisitions predate the RIF decision, the entire structure needs re-engineering around the VP’s statements alone — which is circumstantial but survivable.