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Cady v. Superior Pool Products, LLC

United States District Court, C.D. Illinois, Springfield Division

November 18, 2014

MICHAEL MEL CADY, Plaintiff,
v.
SUPERIOR POOL PRODUCTS, LLC, Defendant,

OPINION

TOM SCHANZLE-HASKINS, Magistrate Judge.

This matter comes before the Court on Plaintiff's Motions to Quash Service of the Subpoenas Rule 45.07: Protection of Persons Subject to Subpoena (d/e 32, 33, 34, 35, 36, 37) (collectively the "Motions"). Plaintiff Michael Mel Cady alleges that Defendant Superior Pool Products LLC (Superior) discriminated against him because of his disability, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. ยง 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101et seq. Amended Complaint of Employment Discrimination (d/e 21) (Amended Complaint). During discovery, Superior issued subpoenas (Subpoenas) to six former employers of Cady: Alcast Company; ALTORFER POWER SYSTEMS; C&L Construction & Roofing Co.; Club Fitness d/b/a/Firehouse Pizza; Hoops Pub and Pizza; and Tri C Company, Inc. (collectively the Subpoenaed Entities). The Motions seek to quash the Subpoenas. For the reasons set forth below, the Motions are ALLOWED in part and DENIED in part.

BACKGROUND

The Subpoenas direct the Subpoenaed Entities to produce the following documents:

1. All Employment records of whatever kind or nature;
2. The entire personnel file and/or employment file;
3. All records pertaining to any physical examination performed at any time in connection with employment with your company;
4. All documents reflecting the rate of pay for all times during employment and the actual wages received during employment;
5. Documentation setting forth any days missed from work and the wages lost or sick leave lost or vacation leave lost as a result of missing that time;
6. All incident, accident or injury reports pertaining to any accidents, or any documentation of whatever kind or nature pertaining to any accidents on or off the job;
7. Employment application;
8. Documentation pertaining to hire date, termination date, the reason for termination and the dates and/or reasons for any lay off during employment;
9. Any and all documents reflecting any write-ups, written warnings or other ...

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