O'Gorman v. Mercer Kitchen

OPINION AND ORDER Non-party Pillsbury Winthrop Shaw Pittman LLP (“Pillsbury”) moves to quash a subpoena served on it by Plaintiff P. O’Gorman (“Plaintiff”). Dkt. No. 71. For the following reasons, the motion to quash is granted. BACKGROUND Plaintiff was employed as a server for the Mercer Kitchen from February to June 2019. In the underlying lawsuit, he alleges that he was the victim of sexual harassment by the lobby manager of the Mercer Hotel (in which the Mercer Kitchen was located), Semmy Kurmemaj, and that his employment was terminated in retaliation for his complaints about sexual harassment. He brings his claims under Title VII and under New York City law. On or about January 14, 2021, Plaintiff served a Rule 45 subpoena on Pillsbury calling for certain documents in its possession, custody, and control. Pillsbury is a national law firm that which provides employment advice, among other areas of specialty. It serves as outside legal counsel to Mercer Management LLC (“Mercer Management”), which manages Mercer Hotel and provides ongoing direction and supervision to hotel staff. Dkt. No. 73 (“Rizzo Decl.”)

3-4.¹ Mercer Management first engaged Pillsbury in 2015, and Pillsbury describes the scope of its engagement as “relating to employment and other legal matters.” Id. 3; see Dkt. No. 86 (“Second Rizzo Decl.”) 6. The lead partner for the attorney-client relationship is Kenneth W. Taber, a partner in Pillsbury’s New York City office, and a member of the New York bar. Second Rizzo Decl. 6. During the period of 2018-2020, Getnick & Getnick LLP (“Getnick & Getnick”) in New York served as counsel to Mercer Management. Id. 7. In 2018, Mercer Management retained Pillsbury to conduct a confidential investigation after a Mercer Hotel employee, who received harassment training from Mercer Hotel, made affirmative statements to several of her hotel colleagues regarding the money to be made by lodging a harassment complaint and shortly thereafter filed an internal complaint regarding harassment and other misconduct at the hotel and retained personal counsel. Id.