Borrell v. Bloomsburg University et al

Filing 75

ORDER (memorandum filed previously as separate docket entry) IT IS HEREBY ORDERED:1.Defendants Motion to Compel the request for ESI that Plaintiff sent to persons associated with the Nurse Anesthesia Program (NAP) (including students) is DENIED, and Plaintiffs Motion for Protective Order is MOOT.2.Defendants Motion to Compel the ESI that relates, discusses or concerns the NAP (including students obligations to follow Geisinger Drug Policy) is DENIED, and Plaintiffs Motion for Protective Order is MOOT.3.Defendants Motion to Compel the request for ESI that relates to Plaintiffs drug use (including prescription drugs, marijuana and cocaine) and/or alcohol use is held in abeyance pending notice from Plaintiff within ten (10) days of the date of this Order as to whether Plaintiff is placing the issue of her drug use in issue. If so, an order will be issued granting this request and denying the Plaintiffs motion for protective order. If Plaintiff does not express this preference, the Motio n to Compel is DENIED and Plaintiffs motion for a protective order is MOOT.4.Defendants Motion to Compel the request for ESI that relates to or discusses Frederick Yeastedts or Kelley Borrells use, possession or distribution of drugs is DENIED, and P laintiffs Motion for a Protective Order is MOOT.5.Defendants Motion to Compel the request for ESI that evidences Plaintiffs communications with witnesses or potential witnesses in anticipation of Plaintiffs preliminary injunction hearing is GRANTED, and Plaintiffs Motion for a Protective Order is DENIED. This material should be produced within thirty (30) days of the date of this Order. Signed by Honorable A. Richard Caputo on 4/3/14. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANGELA BORRELL,
CIVIL ACTION NO. 3:12-CV-2123

Plaintiff,
v.

(JUDGE CAPUTO)
BLOOMSBURG UNIVERSITY,
GEISINGER MEDICAL CENTER and
ARTHUR F. RICHER and MICHELLE
FICCA, in their individual and official
capacities,
Defendants.
ORDER
NOW, this 3rd day of April, 2014, IT IS HEREBY ORDERED:
1.

Defendants’ Motion to Compel the request for ESI that Plaintiff sent to
persons associated with the Nurse Anesthesia Program (NAP) (including
students) is DENIED, and Plaintiff’s Motion for Protective Order is MOOT.

2.

Defendants’ Motion to Compel the ESI that relates, discusses or concerns
the NAP (including students’ obligations to follow Geisinger Drug Policy) is
DENIED, and Plaintiff’s Motion for Protective Order is MOOT.

3.

Defendants’ Motion to Compel the request for ESI that relates to Plaintiff’s
drug use (including prescription drugs, marijuana and cocaine) and/or
alcohol use is held in abeyance pending notice from Plaintiff within ten (10)
days of the date of this Order as to whether Plaintiff is placing the issue of
her drug use in issue. If so, an order will be issued granting this request
and denying the Plaintiff’s motion for protective order. If Plaintiff does not
express this preference, the Motion to Compel is DENIED and Plaintiff’s
motion for a protective order is MOOT.

4.

Defendant’s Motion to Compel the request for ESI that relates to or
discusses Frederick Yeastedt’s or Kelley Borrell’s use, possession or
distribution of drugs is DENIED, and Plaintiff’s Motion for a Protective Order
is MOOT.

5.

Defendants’ Motion to Compel the request for ESI that evidences Plaintiff’s
communications with witnesses or potential witnesses in anticipation of
Plaintiff’s preliminary injunction hearing is GRANTED, and Plaintiff’s Motion
for a Protective Order is DENIED. This material should be produced within
thirty (30) days of the date of this Order.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge