Greene v. Mullis et al

Filing 130

ORDER that within twenty-one days of this Order, Defendant Town of Lilesville shall file a supplemental brief explaining the inconsistency between its statements and further explain its present contention that it does not possess Defendant Mullis' personnel files and employment records. Signed by US Magistrate Judge Susan C. Rodriguez on 4/5/2023. (Pro se litigant served by US Mail.)(brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00638-RJC-DSC

MICHAEL LEE GREENE,
Plaintiff,
v.
KEVIN R. MULLIS et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court sua sponte following review of pro se Plaintiff’s
Motion to Compel (Doc. No. 127) and Defendant Town of Lilesville’s Response (Doc. No. 128).
In a brief (Doc. No. 110) responding to Plaintiff’s initial Motion to Compel (Doc. No. 106)
production of Defendant Mullis’ personnel files and employment records, Defendant Town of
Lilesville stated that it “w[ould] provide these documents upon receipt of a protective order signed
by all parties.” Doc. No. 110 at 2.
By Text-Only Order entered January 12, 2023, the Court ordered “[w]ithin fourteen days
of entry of a protective order, Defendant Town of Lilesville shall produce Defendant Mullis’
personnel files and employment records.” Id.
On January 19, 2023, the Court entered a Consent Protective Order (Doc. No. 118).
On March 10, 2023, Plaintiff filed the present Motion to Compel (Doc. No. 127) again
seeking to compel production of Defendant Mullis’ personnel files and employment records. In
response, Defendant has attached to its brief its “Supplemental Discovery Response” served March
15, 2023 (Doc. No. 128-1). Defendant states it “has no documents responsive to [those] requests.”

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Id. Defendant offers no explanation of this apparent inconsistency in its representations. Compare
(Doc. No. 110 at 2 and Doc. No. 128-1).
NOW THEREFORE IT IS HEREBY ORDERED that:
1.

Within twenty-one days of this Order, Defendant Town of Lilesville shall file a
supplemental brief explaining the inconsistency between its statements and further
explaining its present contention that it does not possess Defendant Mullis’ personnel
files and employment records.

2. The Clerk is directed to send copies of this Order to the pro se parties, to counsel for
Defendant Town of Lilesville, and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: April 5, 2023

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