SCOVIL et al v. FEDEX GROUND PACKAGE SYSTEM INC

Filing 41

ORDER ON DEFENDANT'S MOTION TO PERMIT EX PARTE INTERVIEWS OF CERTAIN MAINE CONTRACTORS - granting in part 30 Motion to Permit Ex Parte Interviews of Certain Maine Contractors. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WAYNE SCOVIL,

ET AL.,

PLAINTIFFS
v.
FEDEX GROUND PACKAGE
SYSTEM, INC. d/b/a FedEx
Home Delivery,
DEFENDANT

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NO. 1:10-CV-515-DBH

ORDER ON DEFENDANT’S MOTION TO PERMIT EX PARTE
INTERVIEWS OF CERTAIN MAINE CONTRACTORS
The motion under Maine Rule of Professional Conduct 4.2 to permit ex
parte interviews of certain Maine contractors is GRANTED

IN PART.

The

defendant shall make the first three disclosures proposed by the plaintiffs, as it
has agreed to do in its Reply.

I do not require the other two proposed

disclosures at this time. There is no record of abuse in this case, see OjiedaSanchez v. Bland Farms, 600 F. Supp. 2d 1373 (S.D. Ga. 2009). In Gulf Oil
Co. v. Bernard, 452 U.S. 89, 101-02 (1981), the Court required a “clear record
and specific findings” for imposing an order limiting communications.
However, I do not speak for Judge Miller and any concerns that he might
have with respect to In re FedEx Ground Package System, Inc., Employment
Practices Litigation, 722 F. Supp. 2d 1033 (N.D. Ind. 2010).
SO ORDERED.
DATED THIS 25TH DAY OF JULY, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE