Rhodes v. Municipal Emergency Services, Inc. et al

Filing 66

ORDER granting 59 Motion to Compel the Production of Electronic Devices for Forensic Inspection. Signed by Magistrate Judge David S. Cayer on 1/28/2014. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
)
)
)
)
MUNICIPAL EMERGENCY SERVICES, INC. ) No. 3:13-cv-00109-MOC-DSC
)
and ERIC A. JOHNSON,
)
Defendants.
)
JACQUELINE RHODES,
Plaintiff,
v.

ORDER
THIS MATTER is before the Court on Plaintiff’s “Motion to Compel the Production of
Electronic Devices for Forensic Examination” (document #59) and the parties’ briefs and
exhibits. See documents ## 59-1 through 59-16, and 63-65.
The Court has carefully considered the record, authorities and the parties’ arguments. As
clarified in her reply brief, Plaintiff seeks an order compelling Defendant to produce the Johnson
computer with its original hard drive; provide open access to defense expert Brett Creasy and
produce his complete report, findings and methodology; and pay her costs and attorneys’ fees
incurred in filing this Motion. For the reasons stated in Plaintiff’s briefs, the Court will exercise
its discretion and grant the Motion. Defendants shall make production and pay reasonable costs,
including attorneys’ fees, as ordered below.
Plaintiff’s Motion to Compel includes the heading “STRUNG ALONG AND HUNG
OUT TO DRY ?” The Motion also asserts that “… Ms. Rhodes and her counsel felt, well,
snookered.” The Court admonishes Plaintiff’s counsel to avoid further inappropriate
characterizations such as these in their pleadings.

THEREFORE, IT IS ORDERED that:
1.

Plaintiff’s “Motion to Compel the Production of Electronic Devices for Forensic

Examination” (document #59) is GRANTED.
2.

On or before February 4, 2014, Defendants shall produce to Plaintiff the Johnson

computer with its original hard drive, provide open access to defense expert Brett Creasy, and
produce his complete report, findings and methodology.
3.

Plaintiff shall submit an affidavit detailing the costs, including attorneys’ fees,

incurred in filing the instant Motion within seven (7) calendar days of the date of this Order. The
Court will issue an order granting reasonable costs.
4. The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: January 28, 2014