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Discovery abuse case settled

A federal wrongful termination case noted in today’s Virginia Lawyers Weekly has been settled on undisclosed terms.

The case of Spicer v. Universal Forest Products, Eastern Division, Inc. (VLW 008-3-430) featured a stinging opinion from Magistrate Judge Michael F. Urbanski that blasted the defendant for sending a corporate designee to a Rule 30(b)(6) deposition without information about the company’s financial condition or how it related to the plaintiff’s termination.

A week after Urbanski’s ruling that barred one of the employer’s defenses, the case was resolved.

The terms apparently include a confidentiality agreement.  Plaintiff’s counsel John P. Fishwick Jr. released a short statement:  “Timmy Spicer settled his case in Federal Court at mediation on October 7, 2008.  Since the case has concluded we will have no further comment on it.”

By Peter Vieth