May v. RHA

Filing 16

ORDER denying 11 Motion requesting from the EEOC (1st choice) or RHA (2nd choice)release of Scott Melton's personnel file by Martin L. May. Signed by Magistrate Judge Dennis Howell on 3/11/2016. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv291
MARTIN MAY,

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Plaintiff,
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v.
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RHA HELATH SERVICES, INC.,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Motion Requesting from the EEOC or RHA
Release of Scott Melton’s Personnel File [# 11]. Plaintiff brought this action
against Defendant pursuant to Title VII of the Civil Rights Act of 1964. Plaintiff
now seeks an order from this Court directing that either the Equal Employment
Opportunity Commission (“EEOC”) or Defendant release the personnel file of
Scott Melton, Plaintiff’s former supervisor. In addition, Defendant has moved to
dismiss the Complaint. This Motion to Dismiss is currently pending before the
Court.
Discovery in this case has not begun, and the Court has not entered a pretrial
order. If the District Court denies the Motion to Dismiss and this case moves into
the discovery phase, Plaintiff may at that time send a discovery request pursuant to

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the Federal Rules of Civil Procedure to Defendant seeking documents to support
her claim. Plaintiff’s current motion, however, seeking an order of this Court
directing Defendant or the EEOC to produce various documents is improper.
Accordingly, the Court DENIES the motion [# 11].

Signed: March 11, 2016

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