Former nurse seeks attorneys fees, documents

By Kyla Asbury | Apr 20, 2015

MORGANTOWN – A former nurse who won a Freedom of Information Act lawsuit against West Virginia University Board of Governors is now seeking attorneys fees and for the documents she was to receive after the judge's ruling in September.


MORGANTOWN – A former nurse who won a Freedom of Information Act lawsuit against West Virginia University Board of Governors is now seeking attorneys fees and for the documents she was to receive after the judge's ruling in September.


Elizabeth Hunter Baldwin is seeking $25,650 in attorney's fees and $1,400.19 in litigation costs from the board, according to court documents filed March 13.


The parties came before the court on Jan. 20, through counsel, for a status conference regarding the court's Sept. 29 order that provided for discloser of documents requested by Baldwin pursuant to FOIA.


The court had concluded in September that Baldwin was entitled to all reports, records and non-deliberative materials included in the investigation of the allegations against Dr. Charles Rosen as of March 14, 2014, and not including certain information pertaining to other witnesses or complaints.


The court directed WVU to redact the names of complainants, in addition to the individuals referred to in the complainants reports and any identifying information that could lead one to ascertain an individual's identity was to be redacted as well.


The court also found that Baldwin was entitled to records related to the investigation of any allegations and findings of workplace misconduct on behalf of Rosen in response to FOIA.


The court provided 14 days for the board to submit objections to the redactions or to produce the documents with reactions made by the court, to Baldwin and scheduled


A hearing was scheduled for April 20 at 2 p.m. to consider Baldwin's motion for attorney's fees.


Baldwin claims she has still not received the documents.


The case is assigned to Circuit Judge Phillip D. Gaujot.


Baldwin sued the board in May to obtain documents in a sexual harassment complaint she filed against Rosen in January 2013.


Baldwin is also a plaintiff, along with Angela Maset and Tiffany Edwards, in a lawsuit against Rosen and WVU for sexual harassment that was filed in December.


In that lawsuit, the parties agreed to a May 8 mediation.


Monongalia Circuit Court case number: 14-C-403

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