Holloman v. Unilever Bestfoods

Filing 20

ORDER granting 15 Motion to Compel and directing deft to produce the requested records dating from 2005 after redacting the employee's names and other personal information; and denying plaintiff's request for attorney's fees.Signed by Judge James M. Moody on 9/1/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION GREGORY HOLLOMAN VS. UNILEVER BEST FOODS ORDE R Pending is Plaintiff's motion to compel discovery and for an expedited ruling (docket # 15) to which Defendant has responded. Plaintiff requests certain personnel records including medical records of current and former employees: Janie Smith, Alfred Brown, Terry Garrett, Nathaniel Wright, Gary Conley and Robert McDade. Plaintiff asserts that these records will support his allegations that Defendant allowed white employees and female employees to use FMLA leave without interference or retaliation as allegedly experienced by Plaintiff. Defendant has produced the personnel files but due to the confidential nature of the medical records and medical leave records, Defendant requests that certain redactions be made prior to production. Pursuant to the Arkansas Personal Information Protection Act, Ark. Code Ann. §4-110101 et.seq., the Court finds that certain personal and medical information must remain confidential. Further, the Court finds that a reasonable temporal limitation should be placed on Plaintiff's request. Accordingly, Defendant is directed to produce the requested records dating from 2005 to the present after redacting the employee's names and any other personal information1 as defined by Ark. Code Ann. §4-110-103(7) along with any medical information as NO. 4:09CV00096 DEFENDANT PLAINTIFF

1

Defendant should not redact the sex and race of the individual from the records.

defined by Ark. Code Ann. §4-110-103(5). Plaintiff's request for attorney's fees is denied. IT IS SO ORDERED this 1st day of September, 2009.

_________________________________ James M. Moody United States District Judge