Nuriel v. YOUNG WOMEN'S CHRISTIAN ASSOCIATION

I respectfully dissent. A review of the chronology of events is helpful here.

The parties entered into a stipulation for obtaining findings from a handwriting expert on May 27, 1988. The expert, in examining the hate letter, found fingerprints on it and suggested to plaintiffs counsel that the prints might help in disclosing the author of the letter. By then the trial court *149had memorialized the stipulation in its June 13, 1988, protective order.

Plaintiffs counsel took immediate action on the handwriting expert’s idea and, presumably, sought concurrence from defense counsel, who refused.…