Protective Order is
Guzman asserts claims
employment discrimination and harassment on the basis
race, color, national origin and gender, as well as unlawful retaliation, against Defendants NYPHoldings, Inc. d/b/a the New York Post, News Corporation, and Col Allan. In her AmendedComplaint, Guzman alleges a hostile workplace based on racial discrimination, as demonstratedby the
the "chimpanzee cartoon," a cartoon that was allegedly a racistdepiction
President Barack Obama as a chimpanzee shot by two police officers. (Am. CompI.
13-14.) Further, Guzman alleges Allan showed her a photograph
a nude man, which waseventually published in connection with former Governor James McGreevey's divorceproceedings, as indicative
the sexual harassment and discrimination she endured during hertime at the
Clark (,'Clark Decl."), Ex. C.)On February 14,2012, Guzman deposed Col Allan for more than seven hours.
Mark Lerner ("Lerner Decl."), Ex.
During the deposition, Allan refused toanswer twelve separate questions posed to him about the publication
the chimpanzee cartoonand the publication
a redacted photo, as well as the publication
the McGreevey photograph,invoking an "editorial privilege" in response to questions.
Defs.' Mem. at 5-6.) These arethe challenged questions:
Decision to Publish Chimpanzee Cartoon
you believe it was a mistake to publish that cartoon?(2)
your awareness after the monkey cartoon was published that black peoplehad been portrayed as primates in this country, do you now believe it was a mistake topublish that cartoon?
Case 1:09-cv-09323-BSJ-RLE Document 96 Filed 06/29/12 Page 2 of 6