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Sunaz v. Despont Studios LLC

Settlement's Confidentiality Clause Does Not Bar Law Firm's Discovery in Second Lawsuit

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ORDER

*1 By Order dated November 14, 2017 (Dkt. No. 59), the Court directed defendants to produce documents concerning past complaints of harassment or discrimination by employees of defendant Despont Studios LLC, d/b/a the Office of Thiery W. Despont, LTD (OTD), and defendants’ response to such complaints, from December 2012 through January 2017, except for documents concerning former OTD employee Dominique Moore, who settled her pregnancy discrimination claims against OTD in 2017 pursuant to a confidential settlement agreement. As to Ms. Moore, the Court requested, id. 2, and the parties filed, supplemental letter-briefs setting forth their positions as to (a) whether plaintiff is entitled to documents concerning her complaint and defendants’ response; and (b) whether plaintiff’s counsel, having previously represented Ms. Moore, may pursue and/or utilize such documents on behalf of their current client. Having reviewed the parties’ submissions, docketed as letter-motions (Dkt. Nos. 63, 64), the Court concludes that the answer to both questions is yes.BACKGROUNDPlaintiff Sunaz worked for OTD as a housekeeper from December 2014 to January 2017. She alleges that she was subjected to (a) a steady stream of insults and name-calling from a fellow housekeeper, Salome Santos, based on her Filipino ethnicity; and (b) sexual harassment,

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