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)

DavidDixon
From:
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To:
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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
[e-mail]
H
$TATEMNT
CONFI
DENTIALITY

fromthe law firm of Davis,
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: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: [phone]
Fax [phone]
"com
@davis-firm
ddixon
STATEM
ENT

CONFIDENTIALITY
"e-mailchain",containslnformation
{romthe law firm of Davis'
In
transmissions the same
and
transmission, any prioror sub$equent
message
This electronic
or
is
to
The information intended be for the use of the indivldual entltynemedabove'lf
Taylor,pLC, and is confidentlal privileged.
or
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Clark,Buft,Carithers
lf
of
le
or u$e of the contents this informatlon prohlbitod. you have
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(479-5?1-7600)
immediatoly.
transmiseion eror, pleasenotifyus by telephone
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ieceivedthis elactronic
ot
ls not intended wtittento be used,and cannotbe
and
including
in
Any federaltax advicecontalned this comrnunicf,tion,
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_attachments enclosures,
partyany taxor
to
m8rketing recommendlng another
penalties
underthe lfltefnalRevenueCode or prornoling,
tax-related
useJ,fo, tfie purpaseof avolding
relBtedmattersaddreeeedherein.

rm.com]
:
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
|
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in1.-c-ff
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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
[e-mail]
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.