Engel

BACKGROUND

Engel’s last day of work at defendant Jenny Lind Fire Protection District (JLFPD) was November 5, 2010. Three days later he filed a workers’ compensation claim alleging a “stress/psych injury.” In April 2011, he applied for unemployment benefits, claiming the reason for his separation was that he was working in a hostile environment and his reporting led to his termination. On May 31, 2011, JLFPD notified Engel that he was released non-punitively from service as a fire lieutenant for failure to provide sufficient information that he was qualified to perform the essential functions of the job. In April 2012, Engel brought suit against JLFPD and Olson for wrongful termination and employment discrimination.1 A series of discovery disputes followed. Subpoenas and Motions to Quash Engel served a subpoena on Crabtree Consulting Services, LLC (Crabtree Consulting) for business records. Defendant JLFPD had retained Crabtree Consulting as a consultant on human resource matters. Defendants’ motion to quash was granted; the trial court found the subpoena overbroad. Engel served a second subpoena on Crabtree Consulting and defendants moved to quash it on the basis that it sought…