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Porter v. Casino Queen

November 8, 2005

TODD PORTER, ET AL., PLAINTIFFS,
v.
CASINO QUEEN, INC., A CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

This matter is before the Court on a discovery dispute between the parties. A telephonic discovery dispute conference was held on November 1, 2005. Mark Schuver appeared for the plaintiffs. Kristine Mack appeared for the defendant The Court converted the telephonic conference into an in-person discovery dispute hearing. An in-person hearing was held on November 4, 2005. Mark Schuver appeared for the plaintiffs. Kristine Mack appeared for the defendant. Pursuant to the hearing, the Court rules as follows:

INTERROGATORIES

1. Interrogatory #1. (Todd Porter, Krista Porter, Aaron Oliver and Sharmin Clifton) Interrogatory (f) is not disputed. Regarding the disputed interrogatories (a), (b), (c), (d), (e), and (g), defendant is ORDERED to provide the plaintiff with the last known address and phone number of individuals who are no longer employed at the Casino Queen who might have knowledge of the subjects, facts and/or incidents alleged in the Complaint. Any contact by the plaintiff with current employees or current or past employees in a management position must be made through defendant's counsel, Ms. Mack.

2. Interrogatory #11 (Krista Porter), Interrogatory 12 (Todd Porter), Interrogatory 11 (Sharmin Clifton) and Interrogatory 11 (Aaron Oliver). The Court ORDERS the defendant to identify persons reported to the Gaming Commission for similar offenses back to 2000, and beyond if practicable, and to produce documents excluding medical and social security numbers relevant to any reports to the Gaming Commission.

3. Interrogatory #13 (Krista Porter). Defendant is ORDERED to supplement its answer as to whether the plaintiff's complaints of discrimination and/or harassment were founded or unfounded.

REQUESTS FOR PRODUCTION

1. Request #2 is moot.

2. Request 31, 32, 35, 54, and 65.

a. Request 31. The Court ORDERS the defendant to produce the personnel files of Darla Leach which shall include disciplinary records, job actions/promotions/change in status, performance evaluations, periodic and annual reviews. This order specifically excludes wage and payroll records, medical records and any information containing Ms. Leach's social security number. Defendant shall also provide Ms. Leach's last known address and telephone number.

b. Request 32. Defendant's answer is sufficient.

c. Request 35. Defendant is ORDERED to produce all requested information excluding financial information, medical information and social security numbers.

d. Request 54. Defendant is ORDERED to produce all confidential reviews/evaluations referring to Darla Leach ...


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