IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

BARBARA JEFFERS and )

JOAN CRAIG, )

Plaintiffs, )

v. ) CASE NO. 3:06-cv-685-WKW

RUSSELL COUNTY BOARD OF )

EDUCATION, et al., )

Defendants. )

PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER

And

RESPONSE TO PRIVILEGE CLAIM

COME NOW Plaintiffs Jeffers and Craig and make this Motion for Protective

Order and Response of Privilege Claim and state as follows:

MOTION FOR PROTECTIVE ORDER

1. The Court has pending before it “Plaintiffs Jeffers’ and Craig’s Motion to

Compel Russell County Board of Education to Produce Documents and To

Stay Depositions Until Documents are Produced.”

2. Meanwhile, Defendant Russell County Board of Education has subpoenaed

Plaintiffs Jeffers and Craig to depositions on September 12, 2007 and

September 13, 2007, respectively.

3. Plaintiffs should not be compelled to appear for depositions until the matter of

discovery is settled at which time depositions for Plaintiffs, Defendants and

other parties can be scheduled.

4. Plaintiffs’ counsel was not consulted when dates for Plaintiffs’ depositions

were set and Plaintiff’s counsel has a conflict on the afternoon of September

12. (City of Opelika vs. Russell, Opelika Municipal Court)

5. Plaintiffs do not object to Plaintiffs’ depositions being taken first.

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6. Plaintiffs do object to having Plaintiffs’ depositions taken without access to

investigative documents that Defendants Russell County Board of Education

has.

7. Plaintiffs also object to an incomplete deposition schedule that only sets

depositions of Plaintiffs.

8. Plaintiffs should not be forced to sit for depositions until the Court rules on

pending motion to compel and to stay depositions until discovery issues are

resolved.

PLAINTIFFS’ RESPONSE TO PRIVILEGE CLAIM

1. In its objection to Plaintiffs’ being provided documents from the Russell

County Board of Education’s investigation into Defendant Charles Nacrelli’s

illegal harassment, the Board contends that somehow the investigation

amounts to attorney work product.

2. The investigation had nothing to do with litigation, which was not pending at

the time it was conducted.

3. The investigation was begun in September 2005 to determine whether

Defendant Nacrelli should be fired from his job as principal of Ladonia

Elementary School. He subsequently resigned after the Board sent him notice

of impending employment termination.

4. Plaintiffs did not file Charges of Discrimination for three months after that

investigation begun and did not file a lawsuit until almost a year after the

investigation had begun.

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5. Interviews of teachers by the school system’s personnel director, Ms. Lillian

Baker, does not constitute attorney work product.

6. Ms. Baker works for the Russell County Board of Education, not attorney

Smith.

7. In fact, Plaintiffs’ counsel stated in the discovery motion that Plaintiffs did not

seek attorney work product. Production request number nine stated:

“Produce copies of any notes, papers and documents created

during the course of any investigation the Russell County Board of

Education has conducted relative to allegations of sexual assault or

harassment made by Plaintiffs against Defendant Charles Nacrelli.

Note: This request does not relate to lawyer work product for this

case, but to the investigation into allegations which preceded the

resignation of Mr. Nacrelli from his position with the Russell

County Board of Education. This would include notes by the

superintendent, assistant superintendent and other officials who

interviewed school employees and/or other persons during the

course of the investigation.”

8. Plaintiffs agree that any notes or documents produced by counsel or by any

employees’ within counsel’s office, are privileged.

9. However, documents produced by the Russell County Board of Education

superintendent and personnel director are not privileged.

10. If such documents were subject to privilege, no documents would be

discoverable.

RELIEF SOUGHT

WHEREFORE, Plaintiffs pray that the Court will:

1. Issue a Protective Order staying depositions until discovery issues are

resolved;

2. Enter an Order compelling Defendant Russell County Board of Education

to produce documents from the school system’s investigation of

allegations against Defendant Nacrelli.

.

Case 3:06-cv-00685-WKW-CSC Document 22 Filed 09/10/2007 Page 3 of 4
Respectfully,

/s/ W. Don Eddins

Attorney for Plaintiffs

337 E. Magnolia Avenue

Auburn, AL 36830

(334) 821-9981

Facsimile (334) 826-7251

doneddins@charter.net

CERTIFICATE OF SERVICE

I hereby certify that on 10th day of September, 2007, I have electronically filed

the foregoing with the Clerk of Court using the CM/ECF system which will send

notification of such filing to the following:

Sydney S. Smith, Esq. Matthew C. Williams, Esq.

Smith and Smith Estes, Sanders & Williams, LLC

1503 Broad Street 3800 Colonnade Parkway, Ste. 330

Phenix City, AL 36830 Birmingham, AL 35243

/s/W. Don Eddins (ASB-1424-S65W)

Attorney for Plaintiffs

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