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Sanchez v. Buchanan

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

March 12, 2019

MICHELLE SANCHEZ, Y CAUDILL, and KATIE RICHARDS, Plaintiffs,
v.
TERRY BUCHANAN, individually and in his official capacity as Sheriff for Ashe County; JAMES HARTLEY, in his official capacity as Sheriff for Ashe County; RICHARD CLAYTON, individually and in his official capacity as chief deputy of the Ashe County Sheriff's Department; MICKEY BOYLES, individually and in his official capacity as deputy of the Ashe County Sheriff's Department; DENNIS ANDERS, individually and in his official capacity as deputy of the Ashe County Sheriff's Department; and EMPLOYERS MUTUAL CASUALTY COMPANY, Defendants.

          Eric Spengler (NC Bar No. 47165) Spengler & Agans, PLLC, Attorney for Plaintiffs

          D. Brandon Christian (NC Bar No. 39579) NCLEAG, PLLC, Attorney for Terry Buchanan and Richard Clayton

          M. Janelle Lyons (NC Bar No. 35421) Ryan D. Bolick (NC Bar No. 26482) Cranfill Sumner & Hartzog, LLP, Attorneys for James Hartley

          Christian H. Staples (NC Bar No. 40098), William H. Sturges (NC Bar No. 8524) Shumaker, Loop & Kendrick, LLP, Attorneys for Employers Mutual Casualty Company

          Sean F. Herrmann (NC Bar No. 44453) Herrmann & Murphy, PLLC, Attorney for Plaintiffs.

          Ronnie M. Mitchell (NC Bar No. 8423) NCLEAG, PLLC, Attorney for Terry Buchanan and Richard Clayton

          James M. Dedman, IV (NC Bar No. 37415) Gallivan, White, & Boyd, P.A.Attorney for Defendants, Dennis Anders and Mickey Boyles

          Wendy Lynne Sivori Wendy Lynne Sivori (NC Bar No. 28075) Attorney for Non-Party Duplin County EMS

          Andrew Justin Neal (NC Bar No. 41472), Attorney for Non-Party Wayne County EMS

          CONSENT ORDER PERMITTING RELEASE OF WAYNE COUNTY AND DUPLIN COUNTY EMPLOYMENT RECORDS

          DAVID S. CAYER, UNITED STATES MAGISTRATE JUDGE

         The parties to this matter have submitted a Joint Motion for Entry of Consent Order permitting the release of certain employment records of Plaintiff Katie Richards in this matter.

         In so doing, the parties note that Plaintiff Katie Richards once worked for Duplin County EMS and Wayne County EMS and referenced her employment at those two entities in the Amended Complaint in this matter. (See Amended Complaint, ¶ 13).

         On February 6, 2019, this Court issued its Pretrial Order and Case Management Plan. [DE: #58]. On February 13, 2019, following the institution of discovery in this matter, Defendants Mickey Boyles and Dennis Anders issued Subpoenas to Duplin County EMS and Wayne County EMS to obtain Plaintiff Katie Richards' employment records, including but not limited to disciplinary records, workers' compensation records and W-2's from those entities. In response, counsel for Duplin County and Wayne County alerted counsel for Defendants Anders and Boyles that certain statutory provisions protected the release of such information absent a court order. Counsel for Defendants Boyles and Anders, Duplin County, Wayne County, and Plaintiff Katie Richards have conferred regarding these issues and believe that the best course of action is to secure an order from this Court permitting the release of these employment file materials in response to the aforementioned Subpoenas.

         In light of the representations of the parties as well as counsel for Duplin County and Wayne County, the Court finds that this Motion is meritorious, and as such, orders that Duplin County and Wayne County produce their full and complete personnel records, employment files, workers compensation records, disability records, and W-2's of Plaintiff Katie Richards in response to the Subpoenas issued by Defendants Dennis Anders and Mickey Boyles within fourteen days of the date of this Order to Defendants' Counsel. The ...


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