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Dillon v. Wal-Mart 2720, 3:18-cv-481-CWR-FKB. (2018)

Court: District Court, S.D. Mississippi Number: infdco20181220c59 Visitors: 6
Filed: Dec. 19, 2018
Latest Update: Dec. 19, 2018
Summary: ORDER F. KEITH BALL , Magistrate Judge . This cause is before the Court on two motions: Non-Party City of Pearl, Mississippi's Motion for Protective Order [30] and Plaintiff Natalie Dillon's Motion to Compel [31]. The Court finds that the Motion for Protective Order [30] should be granted, and that the Motion to Compel [31] should be denied. Dillon alleges, inter alia, that a Wal-Mart employee, Michael Griffin, improperly confined her after falsely accusing her of shoplifting. Prior to
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ORDER

This cause is before the Court on two motions: Non-Party City of Pearl, Mississippi's Motion for Protective Order [30] and Plaintiff Natalie Dillon's Motion to Compel [31]. The Court finds that the Motion for Protective Order [30] should be granted, and that the Motion to Compel [31] should be denied.

Dillon alleges, inter alia, that a Wal-Mart employee, Michael Griffin, improperly confined her after falsely accusing her of shoplifting. Prior to working for Wal-Mart, Griffin worked for the City of Pearl Police Department. Dillon subpoenaed Griffin's personnel file from the City of Pearl. The City objected to producing the file, citing various privacy concerns. [29]. Dillon has moved to compel production of the personnel file [31], while the City of Pearl has moved to produce the documents for in camera review [30].

The Court has reviewed the filings and the City of Pearl's privilege log. The privilege log lists five documents or categories of documents that are being withheld under claim of unidentified "privacy laws" and that the documents are the "personnel file of [a] non-party." [29] at 1-2. The Court finds that the best course of action is to perform an in-camera review of Griffin's personnel file. The undersigned will then determine which documents, if any, should be produced.

The Court sets a deadline of January 4, 2019, for the City of Pearl to deliver a Batesnumbered copy of the documents to the undersigned's chambers. The City of Pearl may either send the Court a physical or an electronic copy of the file for review.

Accordingly, the City of Pearl's Motion for Protective Order [30] is granted, and Plaintiff's Motion to Compel [31] is denied.

SO ORDERED.

Source:  Leagle

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