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Equal Employment Opportunity Commission v. Metro Special Police & Security Services, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

March 21, 2014

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
METRO SPECIAL POLICE & SECURITY SERVICES, INC., Defendant.

ORDER

DAVID C. KEESLER, Magistrate Judge.

THIS MATTER IS BEFORE THE COURT on Plaintiff Equal Employment Opportunity Commission's ("EEOC") "Unopposed Motion To Compel Gaston County Sheriff's Office To Comply With Subpoena" (Document No. 16). This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. ยง 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will grant the motion.

Specifically, EEOC moves pursuant to Rule 37(a) of the Federal Rules of Civil Procedure and North Carolina General Statute Section 153A-98 for entry of an Order directing Gaston County, on behalf of the Gaston County Sheriff's Office, to release to counsel for the EEOC certain documents requested by the EEOC through a Subpoena served on the Sheriff's Office in this action. EEOC further requests entry of a Protective Order that renders the documents produced by the Sheriff's Office in response to the Subpoena confidential. There being no opposition to EEOC's Motion, EEOC's Motion will be granted.

IT IS, THEREFORE, ORDERED that the "Unopposed Motion To Compel Gaston County Sheriff's Office To Comply With Subpoena" (Document No. 16) is GRANTED.

IT IS FURTHER ORDERED that:

1. The Gaston County Sheriff's Office (the "Sheriff's Office") is ordered to comply with the EEOC's January 17, 2014 subpoena, and to produce the following documents to the EEOC on or before April 1, 2014:

Any and all documents in the possession of Gaston County or the Sheriff's Office related to Joshua Ruiz, including all personnel files, documents referencing internal or external complaints against Mr. Ruiz, performance evaluations, disciplinary actions, and documents referencing the reason for the termination/separation of Mr. Ruiz.

All documents produced by the Sheriff's Office pursuant to this Order are hereby designated Confidential subject to the restrictions discussed below. The Sheriff's Office shall affix to each page of every such document, at the time of production, the word "Confidential" by stamp or other method which will make the word conspicuous.

2. Restricted Use of Information.

(a) Documents/information designated as "Confidential" pursuant to paragraphs 1 through 3 of this Order shall be treated by the Party receiving the information as confidential and shall be used solely for the purposes of this action and shall not be disclosed to any person except the following individuals:

(i) the Court (including the Clerk's office, stenographic reporters and videographers, engaged in such proceedings as are necessary to the preparation for trial and trial of this action);
(ii) counsel for the parties, their staff members, their professional and para-professional employees;
(iii) the parties, including officers or managers of a party who have a need to know the information for ...

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