Scarbrough v. Education Corporation of America

Justia Dockets & Filings Eleventh Circuit Alabama Northern District Scarbrough v. Education Corporation of America

Scarbrough v. Education Corporation of America

Plaintiff:	Ami Scarbrough
Defendant:	Education Corporation of America
Case Number:	2:2018cv00738
Filed:	May 14, 2018
Court:	US District Court for the Northern District of Alabama
Office:	Southern Office
County:	Walker
Presiding Judge:	Staci G Cornelius
Nature of Suit:	Family and Medical Leave Act
Cause of Action:	29 U.S.C. § 2601
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 7, 2019	Filing 29 MEMORANDUM OPINION AND ORDER - So, several sources already require Virginia College to preserve the evidence Ms. Scarbrough identifies and threaten penalties for noncompliance. In her own words, Ms. Scarbrough seeks a court order only to put Virginia College on notice of its existing duties, but she gives no compelling reason for why the court must supplement Virginia Colleges duties with an order to obey the law. Indeed, [t]o supplement every complaint with an order requiring compliance with th e Rules of Civil Procedure would be a superfluous and wasteful task, and would likely create no more incentive upon the parties than already exists. Hester, 206 F.R.D. at 685. So, the court DENIES Ms. Scarbroughs motion to preserve evidence. (Doc. 23 ). Signed by Chief Judge Karon O Bowdre on 1/7/2019. (KEK)

Date Filed

Document Text

January 7, 2019

Filing 29 MEMORANDUM OPINION AND ORDER - So, several sources already require Virginia College to preserve the evidence Ms. Scarbrough identifies and threaten penalties for noncompliance. In her own words, Ms. Scarbrough seeks a court order only to put Virginia College on notice of its existing duties, but she gives no compelling reason for why the court must supplement Virginia Colleges duties with an order to obey the law. Indeed, [t]o supplement every complaint with an order requiring compliance with th e Rules of Civil Procedure would be a superfluous and wasteful task, and would likely create no more incentive upon the parties than already exists. Hester, 206 F.R.D. at 685. So, the court DENIES Ms. Scarbroughs motion to preserve evidence. (Doc. 23 ). Signed by Chief Judge Karon O Bowdre on 1/7/2019. (KEK)

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Plaintiff: Ami Scarbrough
Represented By:	Allen Durham Arnold
Represented By:	Kira Y Fonteneau
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Defendant: Education Corporation of America
Represented By:	Carole G Miller
Represented By:	Matthew I Penfield
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