Fletcher
Fletcher v. Union Pacific Railroad
Opinion
lead Opinion
Brooks, J.
ORDER DENYING PLAINTIFF’S EX PARTE APPLICATION TO COMPEL PRODUCTION OF SURVEILLANCE MATERIALS
On April 24, 2000, this Court heard oral arguments on Plaintiffs Ex Parte Application to Compel Production of Defendant Union Pacific Railroad Company’s Surveillance Materials. Thomas Peters of Fogel, Feld-man, Ostrov, Ringler & Elevens, appeared on behalf of Plaintiff Mark Fletcher. Nancy Carman appeared on behalf of Defendant Union Pacific Railroad Company.
This is the third hearing on Plaintiffs efforts to obtain attorney work product from this Defendant. After consideration of the parties’ pleadings and oral arguments, Plaintiffs request is denied for the reasons outlined below.
I. BACKGROUND
Plaintiff Mark Fletcher is employed by the Union Pacific Railroad Company. (Compl. at 2.) This case arises out of injuries he sustained on March 3,1998, when a grab iron he was holding broke, causing him to fall from a moving train. (See id. at 3; see also Opp. at 1.)
Fletcher filed suit under the Federal Employer’s Liability Act (“FELA”), alleging that he is permanently injured and disabled. (Compl. at 3-4.) He seeks $5,000,000.00 in general damages, as well as undisclosed damages for .lost…