UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter

Doody v. Centerior Energy, 1997-ERA-43 (ALJ July 15, 1997)

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U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Date: July l5, l997

Case No. 97-ERA-43

In the Matter of:

Kevin Doody,
   Complainant,

   v.

Centerior Energy, Et Al.,
   Respondents.

ORDER REGARDING RESPONDENT'S MOTION FOR A PROTECTIVE ORDER BARRING PRODUCTION OF DOCUMENTS

   The Complainant, on July 9, 1997, filed a Request For The Production Of Documents on the Respondent. By motion dated July 10, 1997, Respondent sought a protective order against the production of documents not relevant to this action. A telephone conference was held on July 11, 1997, to resolve the disputed issues. As no resolution could be reached, the objections were addressed based on the arguments contained in the Complainant's request and the Respondent's motion. Each objection, if still an issue, will be addressed in sequence. The number and paragraph references contained in this Order reference those in the Respondent's Motion For Protective Order Barring Production Of Documents Not Relevant To This Action dated July 10, 1997. Any reservation of ruling contained in this Order, if still an issue, will be addressed at the hearing scheduled for this matter. My rulings are as follows:

1. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

2. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

3. The requested documents shall be produced, but only for the three month period following the discharge of the Complainant.

4. The objection is sustained except for such documents that may relate to the Complainant.

6. Objection sustained.

7. The objection stated in Paragraph 1 of Respondent's objection is sustained.

The objection stated in Paragraph 2 of Respondent's

objection is overruled to the extent that the requested

information must be produced for the period beginning

with the calendar year of 1994.

8. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

9. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

10. Objection overruled.

11. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

12. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

13. The objection is sustained except for such documents that may relate to the Complainant.

14. Reserved.

15. Reserved.

16. Objection sustained.

Objections sustained.

17. The objection is sustained except for such documents that may relate to the Complainant.

18. Reserved.

19. The objection is sustained except for such documents that may relate to the Complainant.

20. The objection stated in Paragraph 2 of Respondent's objection is sustained.

The objection stated in Paragraph 3 of Respondent's

objection is sustained except for such documents that

may relate to the Complainant.

21. The objection is sustained except for such documents that may relate to the Complainant.

22. The objection stated in Paragraph 1 of Respondent's objection is sustained except for such documents that may relate to the Complainant.

For the objection stated in Paragraph 2 of Respondent's

objection, the requested documents shall be produced, but

only through the three month period following the

discharge of the Complainant.

23. Reserved.

26. Objection sustained.

27. The objection stated in Paragraph 1 of Respondent's objection is sustained except for such documents that may relate to the Complainant.

The objection stated in Paragraph 2 of Respondent's

objection is sustained except that such documents

beginning with the calendar year 1994 must be produced.

28. The requested documents, in Paragraphs 1 and 2 of Respondent's objection, shall be produced but only for the period beginning with the calendar year of 1994, and only to the extent such documents relate to the Complainant.

29. Objection sustained.

30. Objection sustained.

31. Objection sustained.

32. Objection sustained.

33. Objection sustained.

34. Objection sustained.

35. Objection sustained.

36. Objection sustained.

38. Objection sustained.

39. Objection sustained.

40. Objection sustained.

41. Objection sustained.

42. Objection overruled.

43. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

43. Objection sustained.

44. Objection sustained.

45. The requested documents shall be produced, but only for the period beginning with the calendar year of 1994.

46. Objection sustained.

47. Objection sustained.

48. Objection sustained.

49. Objection sustained.

50. Objection sustained.

The requested documents shall be produced for the period beginning with the calendar year of 1994.

51. Objection sustained.

55. The objection stated in Paragraph 1 of Respondent's objection is sustained.

The objection stated in Paragraph 2 of Respondent's

objection is sustained.

The objection stated in Paragraph 3 of Respondent's

objection is sustained.

56. The objection stated in Paragraph 2 of Respondent's objection is sustained except to the extent that such documents may relate to the Complainant.

The objection stated in Paragraph 3 of Respondent's

objection is overruled to the extent that the documents

beginning with the calendar year 1994 must be produced.

57. Objection overruled. Such documents, if available, must be produced for the period beginning with the calendar year of 1994.

58. The objection stated in Paragraph 2 of Respondent's objection is sustained except to the extent that such documents may relate to the Complainant.

The objection stated in Paragraph 3 of Respondent's

objection is sustained except that such documents dated

three months subsequent to the Complainant's termination

must be produced.

59. The objection stated in Paragraph 2 of Respondent's objection is sustained except to the extent that such documents may relate to the Complainant.

60. Objection overruled.

61. The objections stated in Paragraphs 2 and 3 of Respondent's objection are sustained except to the extent that they may relate to the Complainant.

65. Objection overruled.

66. Objection overruled.

67. Objection sustained.

68. Objection sustained.

69. Objection sustained.

70. Objection sustained.

71. Objection sustained.

72. Objection sustained.

73. Objection sustained.

74. Objection sustained.

75. Objection sustained.

76. Objection sustained.

77. The requested documents in Paragraph 1 of Respondent's objection must be produced for the period January 1, 1994 to June 19, 1997.

The objection stated in Paragraph 2 of Respondent's

objection is sustained unless such documents relate to

the Complainant. If such documents are applicable, production is required only for the period beginning with

the calendar year of 1994.

79. Objection sustained.

80. Objection sustained.

81. Objection sustained.

82. Produce only those documents that pertain to the Complainant.

84. Objection overruled.

85. Objection overruled.

86. Reserved.

87. Objection overruled.

89. Objection overruled.

90. Objection overruled.

91. Objection sustained.

92. This objection is sustained to the extent that such documents may relate to the Complainant.

93. Objection sustained.

94. Objection sustained.

95. Objection sustained.

97. The objections stated in Paragraphs 1 and 2 of Respondent's objection are sustained.

101. Objection sustained.

105. Objection sustained.

110. The objection is sustained except for such documents that may relate to the Complainant.

111. This objection is covered by my pre-hearing order issued in this matter.

112. Objection sustained.

   Accordingly,

   IT IS HEREBY ORDERED that the requested documents shall be produced to the extent required by this Order.

       Daniel J. Roketenetz