COLE v. ENCAPERA et al

Filing 119

MEMORANDUM OPINION & ORDER re 113 MOTION to Compel Discovery of ESI filed by JASON COLE, 111 MOTION for Protective Order filed by CALIFORNIA BOROUGH. Signed by Magistrate Judge Cynthia Reed Eddy on 11/21/2016. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
JASON COLE,
Plaintiff,
vs.
RICK ENCAPERA, TERRY CHILDS,
JUSTIN SHULTZ, CALIFORNIA
BOROUGH, CASEY DURDINES,
WALTER WELDJR.,
Defendants,

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2:15-CV-00104-CRE

MEMORANDUM ORDER
AND NOW, this 21st day of November, 2016, after Defendant having filed a motion for
protective order [ECF No. 111] and Plaintiff having filed a motion to compel discovery of ESI
[ECF No. 113], and a hearing having been held on the matter on November 21, 2016, it is
HEREBY ORDERED as follows:
(1)
Defendant’s motion for protective order regarding litigation hold
methods and methods used to preserve evidence in connection with the lawsuits
filed by Elizabeth Potts, Mike Steve, Jonathan McGee, Bog-Bog Oduho, Dajoun
Heidelberg and James Williamson is GRANTED, as this request is overbroad,
irrelevant and not proportional to the needs of the case. Likewise, the motion has
been responded to insofar as litigation hold methods and methods used to preserve
evidence in connection with the instant lawsuit and is moot.
(2)
Defendant’s motion for protective order regarding a document
request relating to all email correspondence between and among all council
members, Borough police officers, Rick Encapera and/or Walter Weld or Casey
Durdines is GRANTED, as the request is overbroad and not proportional to the
needs of the case.
(3)
Defendant’s motion for protective order regarding a document
request relating to Borough Council meeting minutes in which Jason Cole, Justin
Shultz or Terry Childs were discussed is DENIED. Defendants shall produce to
Plaintiff ALL Borough Council meeting minutes between 2012 and 2014.
(4)

Plaintiff’s motion to compel discovery of ESI is GRANTED IN
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PART as follows. Defendants must submit affidavits stating that they conducted
the searches of their computers and email accounts in question consistent with the
search protocols and perimeters requested by Plaintiff. The affidavit shall also
include whether the search conducted revealed no emails during the applicable
time frame. The individual Defendants shall also conduct an additional search of
ESI on their individual computer devices (desktop, laptop, backup devices, etc.)
and email accounts using Plaintiff’s search protocol which was sent to defense
counsel on October 25, 2013 as amended as follows:
a.
A time frame of January 1, 2012-December 31, 2014 for all
email searches;
b.
The header/subject line and the body/content of the emails
must be searched;
c.
Emails shall be searched for the words: “Cole,” “Jason
Cole,” “J Cole’s Inn” and “Jason”;
d.
Searched of the Defendants’ emails shall include emails to
and from third parties;
e.
Shirley Evans’ emails shall be searched for mention of
“Cole,” “Jason Cole,” “J Cole’s Inn” and “Jason.”
(5)
The parties shall have until December 2, 2016 to conduct this
limited discovery. Nothing in this Order shall be construed to stay expert
discovery which is scheduled to close January 12, 2017.
(6)
The conference scheduled for December 2, 2016 will be conducted
as a conference call.

By the Court:
s/ Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge
cc: all registered counsel via CM-ECF

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