John Doe v. Montana State University et al

Filing 90

ORDERED: Defendants' Motion for In Camera Inspection is DENIED as Moot. Production of the three items identified in paragraph 2 above is DENIED without prejudice. Plaintiffs Motion to Compel is DENIED without prejudice to renewal of any partic ular request on or before March 30, 2018, at 4:45 p.m. upon demonstration of good cause, including satisfaction of the requirements outlined in paragraph 3 above. Brief in Response to Order due by 4/6/2018, at 4:45 p.m. Please review entire order for complete details. Signed by Judge Sam E Haddon on 3/23/2018. (HEG)

FILED
MAR 2 3 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

Clerk, U.S. District Court
District Of Montana
Helena

BUTTE DIVISION
ERIK POWELL,
Plaintiff,

No. CV 17-15-BU-SEH

vs,

ORDER
MONTANA STATE UNIVERSITY,
DR. ROBERT MOKWA, JYL
SHAFFER, JAMES SLETTEN, AND
KATHARINE KUJAWA, employees
of Montana State University, sued in
his or her official and individual
capacity, jointly and severally,
Defendants.
Pending before the Court are: Plaintiffs Motion to Compel 1 and
Defendants' Motion for In-Camera Inspection of Disputed Discovery Items
("Motion for In Camera Inspection"). 2 Defendants' motion states their objection

1

Doc. 40.

2

Doc. 76.

"to production of (1) Jyl Shaffer's Declaration of Net Worth; (2) the '360°'
Review of Jyl Shaffer; and (3) communications related to private medical issues of
a non-party." 3
The Court conducted three separate telephone conferences with counsel
related to the motions on January 29, 2018, February 5, 2018, and February 20,
2018. 4
On February 26, 2018, the parties filed a Joint Status Report to the Court
Regarding Discovery ("Joint Status Report"),5 which: (1) reported that all issues
relating to Defendant's earlier motion to compel were resolved; and (2) addressed
other discovery issues (paragraphs 2(a)-(t)).
It appears from the Joint Status Report that the outstanding discovery issues
raised by Docket Numbers 40 and 79 and addressed in paragraphs 2(a)-(t) of the
Status Report are resolved and have been or will be provided as represented in the
report, except for the three documents identified in the Motion for In Camera
Inspection.

3

Doc. 76 at 2.

4

Docs. 40 and 76.

5

Doc. 79.
2

ORDERED:
1.

Defendants' Motion for In Camera Inspection6 is DENIED as Moot.

2.

The Court has received and reviewed, in camera, the Declaration of

Jyl Shaffer regarding net worth, the "360°" Review of Jyl Shaffer, and the
communications with non-party Myka Perry regarding healthcare issues.
3.

Production of the three items identified in paragraph 2 above is

DENIED without prejudice. Plaintiff may renew requests for production of these
items on or before March 30, 2018, at 4:45 p.m. upon a demonstration of good
cause, including a showing that the documents are, or are reasonably expected to
constitute, or to lead to the production of evidence admissible at trial.
4.

Plaintiffs Motion to Compel7 is DENIED without prejudice to

renewal of any particular request on or before March 30, 2018, at 4:45 p.m. upon
demonstration of good cause, including satisfaction of the requirements outlined
in paragraph 3 above.
Any renewed request by Plaintiff shall identify with particularity each
document or item sought and shall be accompanied by a brief setting forth the

6

Doc. 76.

7

Doc. 40.

3

particular reason or reasons why production of the document or item is deemed
necessary and appropriate. Defendants may file a response brief on or before
April 6, 2018, at 4:45 p.m.

.

DATED this

/J,t

JJ~y of March, 2018.

Lo-»-, r)ltufl,,,,,.,_._,_
SAME. HADDON
United States District Judge

4