BENEDICT v. BOROUGH OF MALVERN et al

Filing 48

ORDER THAT EAST WHITELAND TOWNSHIPS FIRST MOTION TO QUASH (DOCKET ENTRY # 37 ) IS GRANTED-IN-PART; THE SUBPOENA ATTACHED AS EXHIBIT A TO EAST WHITELAND TOWNSHIPS FIRST MOTION TO QUASH IS MODIFIED IN ACCORDANCE WITH OUR MEMORANDUM AND QUASHED TO THE EXTENT IT SEEKS INFORMATION PERTAINING TO MCMAHONS EXPUNGED CRIMINAL RECORD; EAST WHITELAND TOWNSHIP SHALL COMPLY WITH THE MODIFIED SUBPOENA; MCMAHONS MOTION FOR A PROTECTIVE ORDER (DOCKET ENTRY # 38 ) IS GRANTED; AND BENEDICT IS PRECLUDED FROM OBTAINING ANY AND ALL DOCUMENTS FROM MCMAHONS EXPUNGED CRIMINAL RECORDS RELATING TO THE DECEMBER 10, 2013 INCIDENT. SIGNED BY HONORABLE STEWART DALZELL ON 7/12/16. 7/12/16 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KATHLEEN BENEDICT
v.
MICHAEL BERNARD MCMAHON, JR.

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CIVIL ACTION

NO. 15-6462

ORDER
AND NOW, this 12th day of July, 2016, upon consideration of non-party movant
East Whiteland Township’s first motion to quash (docket entry #37), plaintiff Kathleen
Benedict’s response in opposition thereto, defendant Michael Bernard McMahon, Jr.’s motion
for a protective order (docket entry #38), and Benedict’s response in opposition thereto, and for
the reasons set forth in our Memorandum issued this day, it is hereby ORDERED that:
1.

East Whiteland Township’s first motion to quash (docket entry #37) is

GRANTED-IN-PART;
2.

The subpoena attached as Exhibit A to East Whiteland Township’s first

motion to quash is MODIFIED in accordance with our Memorandum and QUASHED TO THE
EXTENT it seeks information pertaining to McMahon’s expunged criminal record;
3.

East Whiteland Township shall COMPLY with the modified subpoena;

4.

McMahon’s motion for a protective order (docket entry #38) is

GRANTED; and
5.

Benedict is PRECLUDED from obtaining any and all documents from

McMahon’s expunged criminal records relating to the December 10, 2013 incident.
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.