Patrick v. Local 51, American Postal Workers Union, AFL-CIO

Opinion

UNITED STATES DISTRICT COURT : oan ms ph □□ SOUTHERN DISTRICT OF NEW YORK. rare oo Bplay Plaintiff 19 Civ. 10715 (NSR}PED)

- against - ORDER

Local 51, American Postal Workers Union, AFL- CIO, and Shanequa Johnson-Duggins, Individually and as President of Local 51, Defendants. PAUL E, DAVISON, U.S.M.J.: Plaintiff Rita Patrick seeks an order from this Court compelling the United States Postal

Service (“USPS”) to respond to Plaintiff's subpoena dated August 11, 2021, attached hereto, and

to provide a “signed Certificate of Authenticity regarding these documents.” [Dkt. 99-£01,]

Plaintiff seeks, among other things, records conceming USPS employees and grievances

maintained by the USPS. In response, the USPS declined to respond to the subpoena absent

written approval from the relevant employees or an order from this Court.

The Privacy Act of 1974 prohibits federal agencies from disclosing “any record which is

contained in a system of records by any means of communication to any person...except pursuant

to a written request by, or with the prior written consent of, the individual to whom the record

pertains....” 5 U.S.C. § 552a(b). As an exception, an agency may disclose such records

“pursuant to an order of'a court of competent jurisdiction.” 5 U.S.C. § 552a(b)0 1).

In addition, federal agencies can be compelled to produce information in response to a

subpoena, but “federal agencies have promulgated regulations to limit their employees’ authority

to share information with outside parties.” Carbone vy. Martin, Case No. 18 Civ. 3509 (AK),

2021 WL 1224102, at *1 (E.D.N.Y. Mar. 31, 2021) (internal citations omitted). The Federal

Housekeeping Statute authorizes federal agencies to adopt regulations, known as Touhy

regulations, that govern “the conduct of [their] employees]...and the custody, use, and

preservation of [agency] records, papers, and property.” Id, (citing 5 U.S.C. § 301); see US. ex

rel. Touhy v. Ragen, 340 U.S. 462, 468 (1951). A party fo an adversary proceeding in which the

United States is not a party and who seeks to obtain documents from a federal agency must

follow the applicable Towhy regulations. Carbone, 2021 WL 1224102, at *1. The USPS has set

forth its own Touhy regulation at 39 C.E.R. § 265.12, Moreover, the USPS’s Touhy regulation ts

expressly subject to the requirements of the Privacy Act. 39 CER. § 265.12(a)(4) (This section

does not exempt a request from applicable confidentiality requirements, including the

requirements of the Privacy Act, 5 U.S.C. §52a.”) Any subpoena issued to the USPS in this

proceeding must, therefore, comply with the relevant Touhy regulations and the the Privacy Act.

Accordingly, it is hereby ORDERED that the USPS shall respond to Plaintiff's subpoena dated August 11, 2021,

attached hereto, subject to and without prejudice for any objections pursuant to the Privacy Act,

the USPS’s Touhy regulation, and any other objections permitted under the Federal Rules of

Civil Procedure. The Clerk is respectfully directed fo terminate the motion at Dkt. 99.

Dated: August 20, 2021 White Plains, New York OR AD

Paul” Davison, U.S.M.J.

?

Case-7:19-cv-10715-NSR-PED.. Document 100-5... Filed 08/19/21..Page5.of42

AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises ina Civil Action □□ eae UNITED STATES DISTRICT COURT for the Southern District of New York Rita Patrick ) —— a er A Plaiatiff v. ) Civil Action No. 7:19-ev-107 15 Local 51, APWU and Shonequa Johnson-Duggins, ) indiv and as President, Local 5% ) ~~ Defendant ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVEL ACTION

To: United States Postal Service, General Counsel's Office, Attn: Summons and Complaints, 475 L'Enfant Plaza, .W., Rm 6100, Washington, DC 2026 eae) (Name of person to whom Dis subpoena ts directed) ef Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, OF sampling of the material: pigage see attached addendum. ed Place, Fhomas & Associates 6 Irene Donna Thomas, &S¢. Date and Time: 8/31/2021 - Docs may be provided 300 N. Atlantic Avenue by email minaret taincmmancaunemniiad Pittsburgh, Pennsylvania 15224 Cl Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

— —_—_—- — a oo nF | Place: | Date and Time:

The following provisions of Fed. R. Ciy, P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena, and Rule 45(c) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing 50.

CLERK OF COURT oR Signature af Clerk or Depuiy Clerk Attorney's signature

The name, address, e-mail address, and telephone number of the attomey representing (name of party) Plaintiff, Rita Patrick, _who issues or requests this subpoenas, are: irene Donna Thomas, Esq., 300 WN. Atlantic Avenue, Pittsburgh, PA 15224, 917-416-3806, idt.esq@gmail.com

Notice to the person who issues or requests this subpoena A notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whor it ig directed. Fed, R. Civ. P. 45(a)(4).

Case.7:49:cv-10715:NSR-PED Document. 100-5 Filed 08/19/21.Rage 6-of □□□

SUBPOENA TO PRODUCE DOCUMENTS (ADDENDUM) United States Postal Service 1600 Westchester Avenue Patrick v. Lecal 51, et. al. White Plains, New York 10610 7219-ev-10715 (NSR) YOU ARE COMMANDED te preduce at the time, date and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:

° A list of every grievance filed by a representative of Local 51 of the American Postal Workers Union where the United States Postal Service challenged the grievance as untimely filed or untimely appealed for the period April 1, 2019 through the present, identifying the union representative who filed the grievance. Please indicate if an extension of time to file the grievance was allowed.

Time and Attendance Collection System (TACS)(clock rings), for Shonequa Johnson-Duggins, Rarsheen Williams, Zora Dudley, Taylor Paige, Lacoya Jones, Anna Nachstein, Arlene McDuffie, Nick Ciglio for period 4/1/2019 - 4/1/2020.

° Door rings for Shonequa Johnson-Duggins, Rarsheen Williams, Zora Dudley, Taylor Paige, Lacoya Jones, Anna Nachstein, Arlene McDuffie, Nick Ciglio for period 4/1/2019 ~ 4/1/2020. ° Form 3972s for Shonequa Johnson-Duggins, Rarsheen Williams, Zora Dudley, Taylor Paige, Lacoya Jones, Anna Nachstein, Arlene McDuffie, Nick Ciglio for period 4/1/2019 ~ 4/4/2020. . Form 1260s for Johnson-Dugeins for period 4/1/2019 - 4/1/2020,

TACS, door rings and 3972 for Kim Spence for 4/1/2019 - 11/14/2019;

° TACS, door rings and 3972 for Jessica Correa for 4/1/2019 - 11/14/2019,

* TACS and 3972 for Rashid Thomas for 10/1/2019 - 11/14/2019,

° Clock Ring Key; ° All documents indicating the number of overtime hours worked by Johnson-Duggins in the ATOL operation for the period January 1, 2019 through December 31, 2019.