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SCOTT v. BOARD OF EDUCATION OF THE CITY OF EAST ORANGE

United States District Court, D. New Jersey


January 6, 2004.

JAMES SCOTT, Plaintiff, BOARD OF EDUCATION OF THE CITY OF EAST ORANGE, EVERETT JENNINGS, AND ROBERT BOWSER, Defendants

The opinion of the court was delivered by: SUSAN WIGENTON, Magistrate Judge

ORDER

Before the Court is a motion for a protective order (the "Motion") filed by defendants the Board of Education of the City of East Orange (the "Board"); Everett Jennings ("Jennings"), a member of the Board; and Robert Bowser ("Bowser"), the Mayor of the City of East Orange, (collectively, "Defendants"). Defendants seek to preclude plaintiff James Scott ("Plaintiff") from inquiring into the mental impressions and discussions of the members of the Board that contributed to their decision to terminate Plaintiff's employment with the Board, pursuant to the Deliberative Process Privilege and the Open Public Meetings Act, N.J.S.A. ยง 10:4-12.

For the reasons set forth in the Opinion of even date, the Motion is denied. Plaintiff may question members of the Board regarding their mental impressions and discussions that contributed to their decision to terminate Plaintiff subject to the limitation that the information discovered may be used only Page 2 in this litigation.

  SO ORDERED.

20040106

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