Zaustinsky

MEMORANDUM OF OPINION AND ORDER

In this Title VII action plaintiff, a tenured faculty member of the University of California at Santa Cruz, seeks to prove that she was denied promotion to full professor and otherwise discriminated against because of her sex. Plaintiff has twice moved to compel discovery of peer evaluations which were written and submitted with an express expectation of confidentiality. 1 Her first motion was denied in February 1981 by Magistrate Woodruff on the authority of McKillop v. Regents of the University of California, 386 F.Supp. 1270 (N.D.Cal.1975). Judge Weigel denied plaintiff’s motion for reconsideration.

On August 6, 1982, plaintiff again requested defendant to produce her personnel file in addition to the files of seven comparable males. The University again objected, and plaintiff filed a second motion to compel. Plaintiff based the renewal of her motion on these “changes in law and fact”: (1) the intervening Ninth Circuit decision of Lynn v. Regents of the University of California, 656 F.2d 1337 (9th Cir.1981), had, according to plaintiff, “implicitly repudiated” McKillop ; (2) defendant’s responses to interrogatories had made it clear that the…