Opinion
NO. 2014 CW 0233
05-08-2014
MELISSA O'DWYER, LAURA FRANKS, JIALA BACLAY, RACHEL CARRAWAY, MARK BATES, TAMIKA THOMAS-MAGEE, AND ANAVERNYEL NEYULAND-PRYAN v. OUR LADY OF THE LAKE NURSE ANESTHESIA PROGRAM THROUGH OUR LADY OF THE LAKE AND YVONNE BAHLINGER
In Re: Melissa O'Dwyer, Laura Franks, Jiala Baclay, Rachel Carraway, Mark Bates, Tamika Thomas-Magee, and Anavernyel Neyuland-Pryan, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. C604436.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT GRANTED IN PART DENIED IN PART. We grant the writ application as to that portion of the judgment of the trial court dated September 25, 2013, which requires the production of the plaintiff, Melissa 0'Dwyer's cellular phone, text and email records from the years 2007 to 2012. The judgment is amended to limit the production of incoming and outgoing call logs and text messages for any cellular phone regularly used by Melissa 0'Dwyer, whether listed under her or someone else's name as well as incoming and outgoing emails for any and all email accounts that Melissa 0'Dwyer regularly used or that were assigned to her name, to that period of time during which Melissa 0'Dwyer was enrolled as a student in OLOL. In all other respects, we deny the plaintiffs' writ application.
JTP
JMM
McClendon, J., concurs and notes that it is inappropriate to sanction a party in connection with a non-party's failure to comply with a subpoena. COURT OF APPEAL, FIRST CIRCUIT __________
PUTY CLERK OF COURT
FOR THE COURT