"Attorney Katie Panzer posted a video explaining all this moments after zipping over some discovery requests in a discrimination dispute brought by her client against his former employer. Those requests did, in fact, arrive under a cover email that concluded, "Have a great weekend!" prompting defense counsel - who also know how Instagram works - to demand that she withdraw the discovery requests as promulgated for an "improper purpose" under Rule 26(g). Well, technically, they called Panzer's co-counsel to demand the discovery requests withdrawn."
"After the issue was appropriately returned to Panzer, she refused to withdraw. At that point, the defendant moved for sanctions and then Panzer moved for sanctions citing the frivolity of defendant moving for sanctions just to get out of responding to discovery and an "attempt to embarrass, bully, and harass Ms. Panzer into withdrawing proper discovery requests." Magistrate Judge Daphne Oberg entered the chat and managed to produce 20 pages of content that boiled down to "y'all need to chill out.""
Many attorneys engage in intentionally provocative litigation tactics and sometimes publicize them on social media. Attorney Katie Panzer sent discovery requests late on a Friday with a cover email saying "Have a great weekend!" and later posted a video about the tactic. Defense counsel demanded withdrawal under Rule 26(g), alleging an improper purpose. Panzer refused and both sides moved for sanctions. Magistrate Judge Daphne Oberg issued a roughly 20-page opinion admonishing counsel to de‑escalate. The judge ruled that social-media boasting and self-described "petty" behavior do not, by themselves, render discovery requests objectively improper under Rule 26(g).
Read at Above the Law
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