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Stimeling v. Board of Education Peoria Public Schools District 150

May 27, 2010

STEVEN STIMELING, PLAINTIFF,
v.
BOARD OF EDUCATION PEORIA PUBLIC SCHOOLS DISTRICT 150, KENNETH HINTON, THOMAS BRODERICK, CHARLES DAVIS, AND RON SCALES, DEFENDANTS.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER

Before the Court is an Appeal from the Order of the Magistrate Judge by Plaintiffs. In their Appeal, Plaintiff takes issue with certain of Magistrate Judge Cudmore's rulings with respect to Plaintiff's Motion to Compel. Defendant has responded, and this Order follows.

STANDARD

Title 28 U.S.C. § 636(b)(1)(A) grants magistrate judges the authority to issue orders regarding pretrial matters. 28 U.S.C. § 636(b)(1)(A) (1993). A district court reviews any portion of a magistrate judge's order to which written objections have been made, and ". . . shall consider such objections and shall modify or set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law." Fed. R. Civ. P. 72(a).

BACKGROUND

Plaintiff filed a Motion to Compel seeking various categories of discovery from Defendants involving complaints of discrimination or retaliation arising outside of the Campus Security Department in which he worked. In resolving the Motion, Magistrate Judge Cudmore directed Defendants to produce the following:

(1) all documents related to written reports and/or complaints of racial discrimination made by any employee, agent or official of the School District against one or more Defendants from January 1, 2003, through December 21, 2008;

(2) all documents related to written reports and/or complaints of racial discrimination made by any employee, agent or official of the School District against one or more employees, agents or officials of the School District, from January 1, 2003, to December 31, 2008, in which one or more Defendants, acting in the scope of his or its employment or official duties, participated in determining what action, if any, would be taken in response to such complaint;

(3) all documents related to written reports and/or complaints of retaliation against one or more Defendants regarding a complaint of racial discrimination described in paragraphs 1 and 2 above;

(4) all documents relating to any investigation conducted as a result of the complaints described in paragraphs 1, 2, and 3 above; and

(5) all documents related to any charge of racial discrimination filed against Peoria Public Schools District 150 or one or more of the Defendants with the Illinois Department of Human Rights and/or EEOC from January 1, 2003, to December 31, 2008.

The School Board was also directed to answer the interrogatory requesting the identification of any written complaints, grievances, EEOC charges, IDHR charges and/or lawsuits against one or more of the Defendants regarding race discrimination or retaliation made between January 1, 2003, and December 31, 2008.

DISCUSSION

Plaintiff does not object to the portions of the Order narrowing the relevant time frame to January 1, 2003, through December 31, 2008, or limiting the scope of complaints to those related to race discrimination/retaliation. Nor does he object to excluding production of verbal or ...


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