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Green v. City of Phoenix, CV-15-02570-PHX-DJH. (2019)

Court: District Court, D. Arizona Number: infdco20190402910 Visitors: 9
Filed: Apr. 01, 2019
Latest Update: Apr. 01, 2019
Summary: NOT FOR PUBLICATION ORDER DIANE J. HUMETEWA , District Judge . Before the Court is Nonparty EEOC's Motion to Quash Subpoena to Berta Echeveste (Doc. 114). Although neither Plaintiff nor Defendant have filed a Response, trial is set to begin on April 2, 2019, and the Court finds responses to be unnecessary. In its Motion, the EEOC represents that Plaintiff served a subpoena for Ms. Echeveste, the former Acting Deputy Director/Enforcement Manager of the EEOC Phoenix District Office, to test
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NOT FOR PUBLICATION

ORDER

Before the Court is Nonparty EEOC's Motion to Quash Subpoena to Berta Echeveste (Doc. 114). Although neither Plaintiff nor Defendant have filed a Response, trial is set to begin on April 2, 2019, and the Court finds responses to be unnecessary.

In its Motion, the EEOC represents that Plaintiff served a subpoena for Ms. Echeveste, the former Acting Deputy Director/Enforcement Manager of the EEOC Phoenix District Office, to testify at trial on April 3, 2019. The Court has already ruled that "[i]t is sufficient for Plaintiff to introduce evidence or testimony that: (1) he `filed' [an EEOC] discrimination charge in 2009, (2) he and the City reached an agreement to resolve that charge, and (3) the agreement included his 2011 transfer to the Robbery Unit." (Doc. 92 at 2). Thus, the Court finds testimony by Ms. Echeveste to be out outside the scope of its prior ruling regarding the EEOC charge. Accordingly,

IT IS ORDERED that the EEOC's Motion to Quash Subpoena to Berta Echeveste (Doc. 114) is GRANTED.

Source:  Leagle

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