There's a new twist in TV sportscaster Erin Andrews' lawsuit against Marriott hotels, filed after a stalker secretly filmed her through a peephole.
In a court filing this week, Andrews claims the hotel chain is trying to embarrass and harass her by seeking access to her employment and medical records, reports Reuters.
Andrews is not sure how these pieces of information are relevant to her claim, and is asking the Los Angeles Superior Court to quash Marriott's subpoena.
Marriott's lawyers filed the subpoena asking for Andrews' payroll records, contracts, performance reviews, any disciplinary reports, as well as other employment information, Reuters reports. In addition, Andrews says that Marriott is also seeking medical records including doctor's letters and notes.
Andrews had initially claimed that she'd lost earnings and earning capacity as a sportscaster after the Marriott peeping incident; however, she later dropped those claims. Now she says that these records have no bearing on her privacy claim against the hotel.
Generally, the parties in a lawsuit may subpoena each other for relevant information. A subpoena is the term for this request for the production of documents or for someone to testify at trial. It is a court-ordered command that essentially requires someone to do something.
However, not all subpoenas are enforced. With unreasonable, irregular, or oppressive requests, a party may ask the court to quash the subpoena.
In Andrews' case, she is asking the judge to quash the subpoena because the requested information has nothing to do with the claims in her lawsuit, which alleges a failure to "adequately protect her privacy." Instead, Andrews says these tactics are just another attempt to victimize her again.
Along with suing Marriott, Erin Andrews also sued the man who filmed the video, Michael David Barrett. Andrews claims that Marriott employees gave Barrett the dates that Andrews would be at the hotel, allowing him to book a room next to her's. Barrett has already pleaded guilty in his criminal stalking case and is currently serving 30 months in prison.
- Erin Andrews Peephole Charges & Interstate Stalking (FindLaw's Blotter)
- Erin Andrews Sues for $10M Over Peephole Videos (FindLaw's Tarnished Twenty)
- Erin Andrews Files Privacy Suit Against Hotels (FindLaw's Injured)