United States District Court, D. Massachusetts
ORDER ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER
(DOC. NO. 135)
SOROKIN UNITED STATES DISTRICT JUDGE.
3, 2017, the Court ordered Kimberly Theidon to turn over her
notes of a meeting with Jorge Dominguez. Doc. No. 129.
Thereafter, Theidon filed a Motion for a Protective Order,
Doc. No. 135, stating that her only record of the meeting was
in correspondence with her counsel. Defendants Harvard
University and the President and Fellows of Harvard College
(collectively, Harvard) opposed the motion. Doc. No. 140.
following facts are before the Court. By February, 2013,
while Harvard was considering Theidon's application for
tenure, Theidon began taking notes of at least some meetings
with Harvard officials to create “a paper trail.”
Doc. No. 140-8 at 2; see Doc. No. 1 at 3. On May 28,
2013, Harvard rejected Theidon's application for tenure.
On June 10, 2013, Theidon met with Senior Vice Provost Judith
Singer; they discussed the tenure decision. Theidon
memorialized her recollection of the meeting in a set of
extensive typed notes. Doc. No. 140-6, 140-7. The day of this
meeting, Theidon emailed a copy of the notes to another
person asking for his thoughts. Several days later, on June
14, she emailed a slightly edited version of the notes to a
number of other people. Id.
2, 2013, Theidon met with Dominguez; they discussed the
tenure decision. Doc. No. 140-2 at 3. At Theidon's
deposition, the following exchange occurred:
Q. In the course of that meeting, did you tell Professor
Dominguez, in words or substance, I do what I like to do?
A. No, I didn't. I remember-I mean, I know when I read
that in the documents, I thought, what an odd statement.
It's so tepid. First, it would be obstinate, which
I'm not, and then the other-I would never say that.
It's such a tepid statement. I would say I love what I
do. Anyone who knows me, knows I love it.
I never said that to him, nor did I say other things that he
ascribes to me in my notes. My notes from that meeting look
very different, sir.
Q. Do you have notes for those meetings?
A. Yes, I do. Where he told me not to file a grievance, not
to pursue a suit, not to set precedent, to go to Judith
Singer, see if they'd forgive my mortgage and solve it
all with a handshake.
Q. Can you explain why those notes have not been produced in
A. I don't know. Aren't they-I think they must be on
my computer that you have. They have to be, I think.
Q. Do you know that you received a document request in this
A. Yes. And I thought I produced everything, and I think I
had written notes. I know, in going back and thinking of what
happened, I found notes, I believe. They must be on the
computer. I don't know. I don't have that computer
anymore. I thought ...