Maye et al v. Worrell, II

Filing 23

ORDER entered regarding 18 Motion to Quash. Signed by Magistrate Judge David S. Cayer on 3/4/2014. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Civil Action No. 3:13-CV-00510-MOC-DSC
Stephen J . Maye and Carolyn G. Maye
Plaintiffs
v.
Timothy J. Worrell II
Defendant.

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ORDER FOR THE RECORDS OF
THE UNION COUNTY DIVISION
OF SOCIAL SERVICES

This cause coming on pursuant to a “Motion to Quash” (document #18) a subpoena
served by Plaintiffs for the records of the Union County Department of Human Services
Division of Social Services.
FINDINGS OF FACT
1 . A subpoena has been served on the Union County Department of Human Services
Division of Social Services by the Plaintiffs.
2.
The subpoena included a request for the production of documents currently in the
possession of the Union County Department of Human Services Division of Social Services.
Further, by and through his attorney, Defendant has requested a copy of said records.
3.
The Union County Department of Human Services Division of Social Services
has filed a Motion to Quash the records of the Union County Department of Human Services
Division of Social Services.
4.
Copies of the records of Carolyn G. Maye have been provided to Ms. Maye's
attorney pursuant to North Carolina General Statute §7B-2901(b)(l). However, said records
contain confidential information such as name, address, and other identifying information of
reporter(s). Said information has been redacted from the records provided to Carolyn Maye's
attorney.
5.
Confidential information such as name, address, and other identifying information
of reporter(s) and the records requested by Defendant are confidential pursuant to the
provisions of NCGS §7B-2901.
6.
order.

By and through their attorneys both parties are in agreement to the entry of this

7.

Pursuant to NCGS §7B-2901(b)(2) the Court finds as follows:

A)
B)
C)

The information requested is relevant.
The information is necessary to the trial for which it is being subpoenaed.
The information is unavailable from any other source
CONCLUSIONS OF LAW

1.

This Court has jurisdiction over this cause of action.

2.
The records requested are confidential pursuant to the provisions of North
Carolina General Statute §7B-2901. However, the information requested is relevant, the
information is necessary to the trial for which it is being subpoenaed and the information is
unavailable from any other source.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
ORDER
I.
The Union County Department of Human Services Division of Social Services
shall produce the records requested including name, address, and other identifying information
of reporter(s).
2.
this matter.

The records shall remain confidential, except as necessary to carry out the trial of

3.
The records produced for the court shall remain in a sealed envelope and shall
not be reviewed by any person other than the parties to this action or the parties' attorneys.
4.

Violation of this order shall be punishable as for contempt.

SO ORDERED.

Signed March 4, 2014