Equal Employment Opportunity Commission v. JBS USA, LLC

Filing 366

MINUTE ORDER granting in part and denying in part 294 Motion to Quash by Magistrate Judge Kristen L. Mix on 09/29/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02103-PAB-KLM
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
IRAQ ABADE, et al.,
Plaintiffs-Intervenors,
v.
JBS USA, LLC, d/b/a JBS Swift & Company,
Defendant.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs-Intervenors’ Motion to Quash
Subpoena Duces Tecum Directed to Non-Party Tyson Foods, Inc. Pursuant to Fed.
R. Civ. P. 45 and for an Amended Protective Order Pursuant to Fed. R. Civ. P. 26(c)
[#294]1 (the “Motion”). On October 10, 2013, Defendant filed a Response [#302]. Pursuant
to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR 72.1(c), the Motion has been referred to this
Court for disposition [#260]. The Court has reviewed the Motion, the Response, the
exhibits, the entire case file, and the applicable law, and is fully advised in the premises.

The Court notes that the while there are four Intervenors currently employed by
Tyson Foods, Inc. (“Tyson”) for whom Defendant requests employment records, the
arguments made by the parties in their briefing are substantially the same as those put
forth in the briefing regarding Plaintiffs-Intervenors’ Motion to Quash Subpoena Duces
Tecum Directed to Non-Party Cargill, Inc. Pursuant to Fed. R. Civ. P. 45 and for an

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“[#294]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Order.

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Amended Protective Order Pursuant to Fed. R. Civ. P. 26(c) [#276]. Accordingly, for the
reasons set forth in the Court’s September 30, 2014 Order [#365], the Motion [#294] is
GRANTED in part and DENIED in part. Accordingly,
IT IS HEREBY ORDERED that the Motion [#294] is GRANTED to the extent that the
subpoena seeks earnings information regarding each of the twelve named Tyson
employees who were not employed at Tyson after termination of their employment at JBS.
Earnings information regarding the remainder of the named employees may be produced.
IT IS FURTHER ORDERED that the Motion [#294] is DENIED to the extent that the
subpoena seeks information regarding the twelve named Tyson employees’ requests for
and complaints about religious accommodations, workplace injury records, attendance
records, employment applications, discipline and discharge documents, and dates of
employment.
IT IS FURTHER ORDERED that the Motion [#294] is GRANTED to the extent that
“the complete personnel files” of the named twelve Tyson employees contain any additional
information other than that specified above.
Dated: September 29, 2014

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