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Coley v. Schufelt

Unredacted Copy of Investigative Report Denied But Identity of Witnesses May Be Disclosed

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DECISION AND ORDER Presented to the Court for consideration in this federal action is Plaintiff’s Letter-Motion seeking to enforce a subpoena of an unredacted copy of a Justice Center Investigative Report relative to Plaintiff’s claims, Master Case # 5510110053 (“Investigative Report”). Dkt. Nos. 50 & 53. For the reasons that follow, and after balancing the respective interests of the parties to this litigation as well as other affected individuals, the Court denies Plaintiff’s request for production of a fully unredacted copy of the Investigative Report, but does grant Plaintiff’s request for the disclosure of the identities of the witnesses, representatives, and subjects, detailed at pages 6-10 of that Report, with such identities to be held pursuant to the terms of the previously issued Protective Order. A. Procedural History This action was commenced on June 16, 2020 and an Amended Complaint was filed in November of that same year. Dkt. Nos. 1 & 23. The First Amended Complaint, now the operative pleading, alleges causes of action for discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e et seq., as well as under the New York State Human Rights Law (“NYSHRL”), New York State Executive Law §296, et seq. Dkt. No. 23, Am. Compl. at

1 & 96-110. It is alleged in the Amended Complaint that the Plaintiff, Crystal Coley, was employed as a “direct support professional” for Defendant Essex County Chapter NYSARC, Inc., referred to in the pleadings as “Mountain Lake.” Id. at

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