Opinion
Case No. 3:12cv00342
10-24-2014
DONALD RICHARDSON, on behalf of himself and his minor child K.R., et al., Plaintiffs, v. BOARD OF EDUCATION OF HUBER HEIGHTS CITY SCHOOLS, et al., Defendants.
District Judge Thomas M. Rose
ORDER
The case is presently before the Court upon Defendant Robert Macklin's Notice of Submission of Student Statements for In Camera Review (Doc. #s 80, 87), and the record as a whole. Defendant Macklin has submitted 18 student statements for in camera review under paragraph 8 of the Protective Order.
Rule 26(b)(1) of the Federal Rules of Civil Procedure allows a party to "obtain discovery regarding any matter, not privileged, that is relevant to any party's claim or defense ...." In addition, "For good cause, the court may order discovery of any matter relevant to the subject matters involved in the action. Relevant information need not be admissible at the trial if the discovery appears to be reasonably calculated to lead to the discovery of admissible evidence ...." Fed. R. Civ. P. 26(b)(1).
"The scope of discovery under the Federal Rules of Civil Procedure is traditionally quite broad." Lewis v. ACB Bus. Serv., Inc., 135 F.3d 389, 402 (6th Cir. 1998). "Generally, [Rule] 26(b) enables parties to discover any unprivileged evidence or information relevant to their claim." Surles ex rel. Johnson v. Greyhound Lines, Inc., 474 F.3d 288, 305 (6th Cir. 2007) (citation omitted). Yet, it is not an abuse of discretion to preclude "discovery when the discovery requested would be irrelevant to the underlying issue to be decided." Green v. Nevers, 196 F.3d 627, 632 (6th Cir. 1999).
Review of the 18 students' statements reveals that each contains information that is both confidential within the meaning of the Protective Order and relevant under Fed. R. Civ. P. 26(b)(1). The information is relevant and therefore discoverable under Rule 26(b)(1) to issues in this case concerning, for example, the meaning of the term "gooching"; whether or not "gooching" occurred frequently in school, especially during school team-sports activities; and whether or not "gooching" was harmful, intended to be harmful, or mere joking or "horseplay" between students.
IT IS THEREFORE ORDERED THAT:
On or before October 31, 2014, Defendant Macklin shall produce the 18 students' statements to Plaintiff KR's counsel and the other Defendants' counsel, pursuant to the terms of the Protective Order (Doc. #24). The statements shall be retained solely in the custody of the parties' counsel and their employees and shall not be placed in the possession of or disclosed to any other person except as the Protective Order permits. October 24, 2014
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge