Doe v. Haley et al

Filing 119

ORDER granting 98 Motion for Protective Order; granting 98 Motion to Quash; granting 107 Motion for Protective Order; granting 107 Motion to Quash Signed by Honorable G Ross Anderson, Jr on 11/25/13.(alew, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
)
)
)
)
Plaintiff,
)
)
v.
)
)
Nikki Haley, et al.,
)
Defendants,
)
)
)
Julie Valentine Center,
)
Interested Party. )
)
John Doe (minor child) by and through
his Guardian, Jane Doe,

C/A No.: 8:13-cv-01772-GRA

ORDER
(Written Opinion)

This matter comes before the Court on Defendants’ Motion for a Protective Order
and to Quash Subpoenas, ECF No. 98, and the Interested Party’s Motion for a
Protective Order and to Quash the October 4, 2013 Subpoena, ECF No. 107. Counsel
for Plaintiff, Defendants, and the Interested Party presented oral arguments before this
Court on November 25, 2013. Upon consideration of the written Motions, memoranda
submitted in connection therewith, and arguments of counsel, the Court rules as follows:
1.

The Defendants’ Motion for a Protective Order and to Quash Subpoenas
is GRANTED. Plaintiff is prohibited from inquiring into the personal and
confidential matters requested in the subpoenas under Fed. R. Civ. P.
26(c)(1)(D), and the eight subpoenas at issue are quashed pursuant to
Fed. R. Civ. P. 45(c)(3) as to any non-party individual other than those
individuals identified by the initials W.C.S., W.S., M.C., K.A., and I.L.

Page 1 of 3

2.

The Interested Party’s Motion for a Protective Order and to Quash the
October 4, 2013 Subpoena is GRANTED.

Counsel for the Interested

Party stated during the hearing that the Interested Party is willing to
produce John Doe’s file without medical or law enforcement records, and
is also willing to produce records of I.L. and X.A. relating to their role as
witnesses to the incident involving John Doe, as long as these records are
covered under the Confidentiality Order, ECF No. 86, governing this case.
The Interested Party is brought under the Confidentiality Order previously
issued by the Court, and the Interested Party shall produce redacted
versions of these records in accordance with the Confidentiality Order.
The October 4, 2013 subpoena is quashed pursuant to Fed. R. Civ. P.
45(c)(3) to the extent that it seeks the production of the DVD of the
interview of John Doe, the production of records for minors other than
John Doe, I.L. and X.A., and the production of medical records belonging
to Greenville Health Services or law enforcement records. Additionally,
Plaintiff’s counsel is prohibited from inquiring about children other than
John Doe at the depositions of the Interested Party’s current and former
employees.
3.

Individual parties are not to have access to records that are turned over
during the discovery process.

IT IS SO ORDERED.

Page 2 of 3

November 25 , 2013
Anderson, South Carolina

Page 3 of 3