Forrest v. Powell Feed and Milling Co., Inc.

Filing 19

ORDER granting 8 Motion to Compel Discovery, as set forth. Signed by Honorable James R. Marschewski on December 30, 2011. (Attachments: # 1 Exhibit 1 email, # 2 Exhibit 2 email) (lw)

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DavidDixon From: $ent: To: Ccr $ubJectr David Dixon 10:54 AM 16, Wednesday, November 2011 James Graves David Dixon v RE:Forrest Powell all provicie ETA when I canexpect othermaterials. an of Please l,llnotifythe courtof our disagreement. J. DavidDix$n PLC & Carithers,Taylor, Clark, Butt, Davis, $t, 19EastMountain P,O. Box1688 688 AR Fayetteville, 7270?-1 Tel: (479) 521-7600 Fax(479) 521-7661 ddixon@davislirm.eom H $TATEMNT CONFI DENTIALITY fromthe law firm of Davis, In transmisslons the same"e-mailchaln",containsinformation and transmission, any prloror subsequent message Thlselectronic or to The infomationis intended be for the use of the indlvldual entltynamedabove,lf or d Ctirx, eutt, Carithers Taylor,PLC,and is cohfidential privileged. is lf of distribution u$eof the contents thle Infqrmetion prohihlted, you have or reclpient, awarethat any disclosure,topying, be youaie noi the intended (479-5?1-7S00) lmmediately. in transmlssion error,pleasenotifyut by telephone ieceived this electronic or t0 i$ including attachments snclosures, not lfltended written be u$ed,and cannotbe and in Notice; Any federaltax advicecontained this communication, pady anytax" marketing recommgflding another or to Revenue Code or promotlng, penaltiesunderthe Internai tax+elated used,for the purposeof avoldlng herein. relatedmattersaddreesed] bassettlawfi :Jgraves@ Graves From: James [mailto November 201110:45 16, AM Sent:Wednesday, Dixon To: David v SubJect: Forrest Powell RE: your to thanwhatyouneed prosecute for is 1 as except to lnt 1 andRFPD ...I thlnkmy proposal those more Allis agreeable on to a we pay and equal claim, isveryfair. I guess will need have hearing thatoneissue, Dlxon fmailtoIddixon@ r From; David l AM November 201110:28 15, Sent:Wednesday, To: James Graves Ccr DavidDixon v $ubJect:RE:Forrest Powell James R dingl A s f o r t h e p r B p o s a l s r e g a r F P N o".4 l, " s a n d l 6 , l a m w i l l i n g t o a g r e e t o w h a t y o u p r o p o s e w i t h c l a r i f i c a t i o n o f a n t0; subject Withoutlimiting as materials requested. you the RFF 14 and 15. tt is my understanding arewillingto produce subject No by sent intentfr:cused emailcommunications, or received or on with all documents, thoserequests, includes subject this "Ettrployee" sense plEintiff employment. beingconstrued the legal in s passed Springs durirrg employee among, Siloam any or wlto or of incluclirrg rnanager supervisor exercised iiny agent, repre$entative Defendant, or andincluding employee, any Springs an but controlover Plaintiff rlay havenot maintained officeat the Siloarn authority and/or hadthe rightio exercise and managers, managers staff,regionalordi$trict or humanresource officers, owners,executive store,suchas Defendant'$ manaEers. other store HXHIBIT t s in as but "documents" defined plaintiff lnt & and thanmerepolicies procedures all This request seeks rnore BFp_*[1S-,.,1.$. of documents, outside the if has that limiting request, defendant nosuch clarification, without and of RFp. light that In exist that documents isfine. response no such proposed policies hiring retention, for and defendants No. to As for Int No.1 and RFP 1, I cannotagree whatyou propose, Thatis,therewouldbe no plaintiffls motionto compelpleadings. position theserequests foundin plaintiff's ls on to and No. order/agreement RFP 1 wouldbe limited the to agree entryof a conficlentiality limitatlons lnt No.1 except on order/agreement. location and subject $ameconfidentiality to 5iloamSprings let Please me knowif the aboveis agreeable. J. David Dlxon & Davis,Clark,Butt,Carithers, Taylor,PLC $t. 19 EastMountain P.O.Box 1688 AR Fayetteville, 72702-1688 Tel: (479)521-7600 Fax (479)521-7661 "com @davis-firm ddixon STATEM ENT CONFIDENTIALITY "e-mailchain",containslnformation {romthe law firm of Davis' In transmissions the same and transmission, any prioror sub$equent message This electronic or is to The information intended be for the use of the indivldual entltynemedabove'lf Taylor,pLC, and is confidentlal privileged. or E Clark,Buft,Carithers lf of le or u$e of the contents this informatlon prohlbitod. you have you are noi the intended dclplent,be awarethat any discdsure,lopying,distr:ibu_tion (479-5?1-7600) immediatoly. transmiseion eror, pleasenotifyus by telephone In ieceivedthis elactronic ot ls not intended wtittento be used,and cannotbe and including in Any federaltax advicecontalned this comrnunicf,tion, Notice: _attachments enclosures, partyany taxor to m8rketing recommendlng another penalties underthe lfltefnalRevenueCode or prornoling, tax-related useJ,fo, tfie purpaseof avolding relBtedmattersaddreeeedherein.] : Graves Fromr James lmailtoioraves@bassettlawfi 15, November 20114:24PM S'entr Tuesday, To: David Dixon v $ubject: REIForrest Powell David, of we My understandingwhere arel No, No, Interroeatory l andRFPD 1 and and employees for gender, dates payrates allcurrent former and hire/term Wants identity, Last Offer Ptaintiff: of manager$ defendant of Last offerof Defendant: at employees theSiloam dates allcurrent for and 1) name, title,gender hire/term where Plaintiff employed; was location Springs during timeframe the location employees the Siloam at Springs 2)the same former for phone and number address; adding known last of Flaintiffs employment, management may that dates and tltle,gender hire/termination of anyupper 3)name, if theyonlyvisited the even Springs location, control theSiloam at have exercised nally; location occasio of dissemination in to to order subject a confidentiality being place prevent 4) payrates, in ldentlfied l"-3 employees payinformation, dates employment those for and of in posltlons the plaintiff, for those and to employment above whowerein equivalent and positions equivalent the onefor whichsheapplied to whichshe to employment promotion denied was a In pay in (4) for included (1)- (3)above. otherwords, to I agree modify above include rates allemployees to Todoy:would andformer employees worked who at location, current employeessiloam, at upper management control theSiloam with order provided reach confidentiality on we agreement anappropriate of s the during timeframe plaintiff employment, getto youthlsweek whichI commit to 15; BF_P"D_*"#_En_d or nudity which ... ... of explicit nature containing requested those a sexually Wants emails all Last offerof Plointiff: rnenegement at or implicated employeesSiloam upper Not Last oflerof Defendontr producing by at emails weredistributed or to employees Siloam that for any I to Todoy:wouldbewilling search andproduce such and thereto theextent theyexist wereretained. was the Plaintiff employed during timeframe REPO lE bearon thehiring, retention firingof females of Seeking policies any which offerof Plaintiff: Last Not Last offerol Defendant; producing Powell notaware anydocuments is of materials. handbooks training and I to the Today:wouldbewilling produce ernployee We respond that simply retention for the stores. would for etc but are thatarespecific females, these the policles hiring, to requested. to is nota setof policies appear fit whatyouhave that that,there beyond without further interuention the Court.Thanks. of whether canreach we agreement advise Please JamesM. GravesI ettorneyat Law B a s s e t tL a w F i r m L L P fecsimile office 47$-521-$SSS l 47$-5?1-9600 AR 3S1S Fayottevilfe,72701 USA Ave. ??1N. College I F. O. Hox | I in1.-c-ff yfl r mff.p"fl 9q-ettlawf n From : DavidDixon[mailto:ddixo @daviE-flrm-eom] November 201111:19 15, AM $enh Tuesdan Graves Tor James Dixon Cc: Davld v Subject: Forrest Powell James is let withthe courton orderto confer tomorrow.Please rne know what defendanfspositionis on Thedeadline getback to dispute. discovery settling Thanks J. DavidFixon Butt, Carithers,Taylor, & PLC Davis, Clark, St. 19East Mountain Box1688 P.O. AR 688 Fayetteville, 72702-1 $?1-7600 Tel: (479) Fax(479) 521-7661 ddixon@davis-firm.eom STATEM ENT CONFIDENTIALITY information from ths law firm of Davis, contains transmissions ths $ams "e-mailchain", in messagetrensmission, any prioror subsequent and Thls electronic or or The information intended be for the use of the individusl entitynamBdabove.lf is to & Clark,Butt,Carithers Taylor,PLC,and ls confldentisl privileged. is lf yeu ar6 not th€ Int€nd€d copying, distribution u$s of the content$ this information prohibited. you have 0r of reciplent, awarethat any disclosure, be (47S-521-7600) immediately. transmission error,pleasenotifyus by telephone ln recelved this electronlc or ie Including attaehment$ enclosures, not intended wrlttento be used,and cannotbe snd in Notlce: Any federsltsx advlcecontained this communicatlon, penaltlssunderthe lnternal to any tax. marketing tecommending another or Revenue Codeor promoting, of tax-r€latsd used,for the purpo$e avoiding Party relatedmatterEaddressedherein.

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