Sevy v. Barach et al

Filing 28

ORDER granting in part and denying in part Plaintiff's 23 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANTHONY SEVY,
Case No. 2:17-cv-13789
District Judge Laurie J. Michelson
Magistrate Judge Anthony P. Patti

Plaintiff,
v.
COURT OFFICERS PHILIP
BARACH and HAROLD
MARSHALL, in their
individual capacities,
Defendants.
_________________________/

ORDER GRANTING IN PART and DENYING IN PART PLAINTIFF’S
MOTION TO COMPEL DEFENDANTS’ EMPLOYEE FILES (DE 23),
OVERRULING IN PART AND SUSTAINING IN PART DEFENDANTS’
AND NON-PARTY 44TH DISTRICT COURT’S OBJECTIONS (DE 23-3)
Currently before the Court is Plaintiff’s August 3, 2018 motion to compel
defendants’ employee files (DE 23), regarding which Defendants and non-party
44th District Court have filed a combined response (DE 27). Judge Michelson
referred this motion to me for hearing and determination, and I noticed a hearing
for September 4, 2018, at which time counsel for the parties - attorneys Tyler M.
Joseph and Kali M. L. Henderson - appeared in my courtroom.
Having considered the motion papers and the oral argument of counsel for
the parties and for the reasons stated on the record, all of which are incorporated
herein by reference, Plaintiff’s motion to compel defendants’ employee files (DE
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23) is GRANTED IN PART and DENIED IN PART, with Defendants’ and nonparty 44th District Court’s objections to the May 31, 2018 subpoena (DE 23-3)
being OVERRULED IN PART and SUSTAINED IN PART. Specifically, no
later than Tuesday, September 18, 2018, non-party 44th District Court SHALL
produce Defendants’ employee files, with the exception that the highly personal
information discussed in Kallstrom v. City of Columbus, 136 F.3d 1055, 1063-1065
(6th Cir. 1998) (e.g., personally identifying information such as home addresses,
phone numbers, driver’s license information, and family members’ names,
addresses and phone numbers) may be redacted.
It is SO ORDERED.
Dated: September 4, 2018

Anthony P. Patti
ANTHONY P. PATTI
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on September 4, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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