Helmert et al v. Butterball LLC

Filing 364

ORDER granting 341 Butterball's Motion to Quash pltfs' deposition notice or in the alternative, for Protective Order. Signed by Chief Judge J. Leon Holmes on 5/9/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHEILA HELMERT, WILMA BROWN,
and LORI WEST, on behalf of themselves
and others similarly situated
v.

PLAINTIFFS

No. 4:08CV00342 JLH

BUTTERBALL, LLC

DEFENDANT

ORDER
Butterball, LLC, has filed a motion to quash plaintiffs’ deposition notice or in the alternative
for a protective order to prevent the deposition of the current human resources manager at the
Jonesboro plant. The practices at the Jonesboro plant are not at issue, but the correspondence
between counsel for the parties attached to Butterball’s memorandum indicate that the plaintiffs
wish to depose the human resources manager at the Jonesboro plant in order to rebut claims made
by Butterball regarding pay practices at Huntsville and Ozark. Thus, the information sought appears
to be discoverable. See Fed. R. Civ. P. 26(b)(1) (“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense . . . .”) Butterball argues, however,
that the plaintiffs have already deposed Karen Ingram, human resources manager, as a 30(b)(6)
witness on topics broad enough to encompass practices at the Jonesboro plant, as well as Leigh Ann
Mendoza, human resources manager for the Huntsville plant, who also testified regarding policies
and practices at the Jonesboro plant. Butterball also says that it would make available Gary
Lenaghan, vice president of human resources, to testify regarding pay practices and policies at the
Jonesboro plant.
Butterball has attached to its motion excerpts from the depositions of Karen Ingram and
Leigh Ann Mendoza, and those excerpts show that plaintiffs’ counsel has inquired about practices

at the Jonesboro plant, and both of those persons answered the questions that were addressed to them
regarding the practices at that plant. It appears, therefore, that the request for the deposition of the
current human resources manager at the Jonesboro plant would duplicate discovery that has already
been taken, without any apparent reason for the duplication. Therefore, the motion to quash or in
the alternative for a protective order is GRANTED. Document #341.
IT IS SO ORDERED this 9th day of May, 2011.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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