Buckner v. United Parcel Service, Inc.

Filing 69

ORDER denying 66 Motion for Reconsideration. Signed by Magistrate Judge David W. Daniel on 2/23/2012. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5:09-CV-00411-BR
CHRISTOPHER EUGENE BUCKNER,
Plaintiff,
v.
UNITED PARCEL SERVICE, INC.,
Defendant.

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ORDER

This matter is before the Court on pro se Plaintiff s motion to reconsider [DE-66]. Defendant
has responded to Plaintiffs motion [DE-68], and the matter is ripe for decision.
Plaintiffseeks reconsideration ofa portion ofthe Court's December 22, 2011 Order [DE-65],
specifically the denial of Plaintiffs motion to compel with respect to Document Request nos. 1 and
8. With respect to Document Request No.1, Plaintiff contends that the Court failed to consider that
Defendant did not produce "electronic timecards." As the Court stated in its prior order, Defendant
has provided Plaintiff with his payroll records as they are maintained in the ordinary course of
business, which is all that Defendant is required to do under Rule 34(2)(E). Defendant need not
create documents that do not already exist. With respect to Document Request No.8, Plaintiff
contends that his request for other employees' wage history is relevant to his overtime wage claim.
As the Court stated it its prior order, the wage history ofother employees is not relevant to Plaintiff s
overtime claim. Plaintiffs only remaining claim is his overtime claim under the FLSA, 29 U.S.C.

§ 207. [DE-28 & 36.] All other claims, including a claim under section 301 of the LMRA, 29
U.S.C. § 185, related to the rate of pay Plaintiff claims he was entitled to receive under the CBA
have been dismissed. Id.

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The Court fully considered the requests at issue in ruling on Plaintiff s motion to compel and
finds no reason to reverse its December 22, 2011 Order. Accordingly, Plaintiffs motion to
reconsider is DENIED.

This the

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-Z 3 day of February, 2012.
DAVID W. DANIEL
United States Magistrate Judge

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