Judge in FOIA whistleblower case orders 2 city cellphones turned over to her - Richmond Times-Dispatch
An attorney for the City of Richmond doesn’t want former City Hall FOIA officer Connie Clay to get her old work cell phone back.
During Monday’s feisty pre-trial hearing in Clay’s wrongful termination lawsuit against the city, attorneys sparred over whether the city had turned over all relevant text messages, emails and other communications between Clay and her former boss, Petula Burks.
Sarah Robb, Clay’s attorney, was adamant that they had not.
“There are gaps,” Robb said of the text messages her team had received during discovery. “There are text messages we know exist.”
Jimmy Robinson Jr., an attorney with Ogletree Deakins who is representing the city, was equally adamant that, while officials had withheld text messages they didn’t deem relevant to the case, they had met their obligation to surrender any and all pertinent communications to Robb and Clay.
“We provided them with all text messages associated with any of the stuff they provided to us,” Robinson said. “If she knows 100% that there are missing text messages, please tell us when those are so that we can go back and figure them out.”
Robb listed several instances where relevant messages were either cut off, contained no date and were missing context.
The discovery issues have appeared to be a stalemate for months. On Monday, Judge Claire Cardwell worked hard to break it, suggesting that the city return Clay’s work phone to her so that she and her attorneys could review it for themselves. Robinson objected to...
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