Burrell v. Lackawanna Recycling Ctr., Inc.
Burrell v. Lackawanna Recycling Ctr., Inc.
CIVIL ACTION NO. 3:14-CV-1891 (M.D. Pa. 2024)
November 18, 2024

Mariani, Robert D.,  United States District Judge

Failure to Produce
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Summary
The court ordered Lackawanna County to use ESI, such as inmate payroll documents and email search results, to compile a list of civilly detained child-support debtors who worked in the Recycling Center. The county must provide this information to the plaintiffs in a computerized spreadsheet by a specified date, and if they fail to do so, they must hire a qualified third party to create the list at their own expense. The court also ordered the timely production of all responsive documents captured in the email search.
Additional Decisions
WILLIAM BURRELL, JR., JOSHUA HUZZARD, and DAMPSEY STUCKEY, individually and as representatives of the classes, Plaintiffs,
v.
LACKAWANNA RECYCLING CENTER, INC., LACKAWANNA COUNTY, and LACKAWANNA COUNTY SOLID WASTE MANAGEMENT AUTHORITY, Defendants
CIVIL ACTION NO. 3:14-CV-1891
United States District Court, M.D. Pennsylvania
Filed November 18, 2024
Mariani, Robert D., United States District Judge

ORDER

AND NOW, this 18th day of Nov., 2024, upon consideration of the Status Reports from Plaintiffs and Lackawanna County regarding the County's production of contact information for members of the collective action and production of documents (Docs. 200, 203, 204, 205), Plaintiffs' Motion for a Status Conference (Doc. 207), and following the status conference on November 8, 2024, IT IS HEREBY ORDERED THAT:

1. Lackawanna County (the "County") shall, at its own expense, use its inmate payroll documents, such as the documents identified by Plaintiffs' counsel within Lackawanna County's production, along with information to be obtained from its electronic Offender Management System, to compile the full names, last known addresses, cell phone and other telephone numbers, email addresses, and dates of work of any and all civilly detained child-support debtors who worked in the Recycling Center after entry of the May 3, 2006, Operating Agreement between LRCI and the Authority, in accordance with paragraph 3 of the Court's May 6, 2024 Order (Doc. 182). The County shall produce such information in a computerized spreadsheet or other electronic, sortable list (the "Class List"), and shall produce such list to Plaintiffs by December 2, 2024.  

2. If the County does not provide Plaintiffs the complete Class List as described in Paragraph 1 by December 2, 2024, the County must, at its own expense, hire MK Analytics, Inc. ("MK Analytics") to create the Class List, and must provide MK Analytics access to all necessary documents and databases to create such a list. In addition to providing MK Analytics full and complete access to all potential locations where Class List information may be stored, such retention of MK Analytics shall-to the extent Lackawanna County has not retained access to electronic documents and databases sufficient to create the Class List for periods since May 3, 2006- include review of the daily logs of Community Service Program participants that have been produced in hard copy to Plaintiffs. A copy of MK Analytics qualifications and description of past work is attached to this Order as Exhibit A.

3. The County must produce to Plaintiffs all responsive documents captured in its email search as described by the "hit list" provided to Plaintiffs' counsel on October 26, 2024, other than the terms that Plaintiffs voluntarily agreed to remove from the search via email to counsel for the County on October 30, 2024. All other responsive emails on the hit list must be produced to Plaintiffs. Lackawanna County shall make such production to Plaintiffs no later than December 2, 2024

4. Each party shall provide the Court a status report regarding discovery no later than December 3, 2024.  

SO ORDERED.