The question is whether Tetra Tech EC Inc., a massive subsidiary of the great engineering firm Tetra Tech Inc., discriminates against its Chinese-American employees, or tolerates discrimination against them.

Unrecorded instances of such behavior should entitle Mr. Chiu to an award. After all, without written records of the off-the-record periods in which lawyer Jeffrey Dintzer of Alston & Bird LLP ventured far beyond his mandate to threaten and psychologically abuse Mr. Chiu, how can we ever hope to catch this malfeasance? Moreover, Tetra Tech argued that Mr. Chiu was unwilling to talk clearly after enduring hours of insinuations.

The case originated with Tetra Tech EC’s cleanup of Hunters Point Naval Shipyard. It was at that time that Five Point learned from Tetra Tech that there might be radiation contamination in places where construction cranes will soon overload overhead-and certainly with inadequate income earners on the job for IT specialists to handle, which means there should have been enough laborers available at all times had anything been wrong according this brief. Tetra Tech argued that Chiu went through hours of questioning, making it difficult for him to testify.

Now Tetra Tech wishes to use the deposition recordings as a basis for moving that Mr. Chiu was punished. Yet the deposition vendor has refused to supply the subpoenas, and the two sides continue their struggle over logs of privilege and document requests out of this case.

These cases are U.S. ex rel. Jahr et al. v. Tetra Tech EC Inc. et al., case number 3:13-cv-03835; and Five Point Holdings LLC et al. v. Tetra Tech Inc. et al., case number 3:20-cv-01481.