Adair v. Wichita Public Schools, Unified School District No. 259 et al

Filing 43

MEMORANDUM AND ORDER granting in part 41 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 3/5/15. Mailed to pro se party Ezekiel Adair by regular mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
EZEKIEL ADAIR,
Plaintiff,
vs.
WICHITA PUBLIC SCHOOLS
(USD 259), et al.,
Defendants.

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Case No. 14-1174-EFM-KGG

ORDER GRANTING IN PART
PLAINTIFF’S MOTION TO COMPEL
AND ORDERING IN CAMERA REVIEW
Plaintiff, who is bringing this case pro se, requested the production of
“writings/statements and or documents regarding the investigation of” two persons
directly involved in the circumstances that form the basis of Plaintiff’s Complaint.
In response, Defendants stated, “[w]e are not aware of any investigations of [the
named persons] that relates [sic] to plaintiff in any way.” Plaintiff now moves to
compel production of these materials. (Doc. 41.) Defendants respond that the
materials are not relevant because the investigations did not involve Plaintiff and
that the materials are confidential.
Defendants also object that Plaintiff has not complied with D. Kan. Rule
37.2 by meeting and conferring with defense counsel. The facts indicate that the

communication among the parties concerning this dispute was minimal and
ineffective. However, under the peculiar circumstances of this case the Court
declines to apply this as a bar to relief.
Plaintiff has made only a minimal showing of the potential relevance of the
requested information, although it seems reasonable that an investigation close in
time to the events that form the basis of Plaintiff’s allegations of the persons who
are primary subjects of Plaintiff’s complaints might lead to evidence relevant to
this case. The Court also recognizes that the “investigation,” which Defendants
represent contains confidential information, may be inappropriate for general
disclosure.
IT IS THEREFORE ORDERED, that within 14 days of the date of this
Order, Defendants produce to the Court for inspection by the undersigned
Magistrate Judge only (in camera inspection) the documents described in
Plaintiff’s Request for Production number 18.1 The Magistrate Judge will review
those documents and determine which, if any, are within the scope of discovery
and should be provided to Plaintiff. If documents are ordered to be produced, the
Court will enter an appropriate protective order to limit the use of the documents

1

The documents may be submitted electronically in .pdf format by sending to
chambers e-mail [e-mail] or delivered in paper format to
the Magistrate Judge in person or by mail.
2

and protect their confidentiality.

IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 5th day of March, 2015.
/S KENNETH G. GALE
KENNETH G. GALE
United States Magistrate Judge

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