Linlor v. Holman et al

Filing 108

MEMORANDUM AND ORDER denying in part and sustaining in part 98 Motion to Compel. Plaintiff will have until April 11, 2025 to file any motion seeking leave to amend his Complaint. See Order for additional deadlines. Signed by Magistrate Judge Gwynne E. Birzer on 3/7/2025. (kas)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
James Linlor,
Plaintiff,
Case No. 24-1001-DDC-GEB
v.
John Holman, Marcella Warner Holman,
Black Diamond Angus Ranch Partnership,
Black Diamond Angus Ranch, LLC, and
Warner Angus Ranch Morgans
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Compel and to Amend
Scheduling Order (ECF No. 98). After consideration of Plaintiff’s Motion (ECF No. 98),
Defendant’s Response (ECF No. 103), Plaintiff’s Reply (ECF No. 105), and hearing the
oral argument of the Parties at the March 6, 2025 Status Conference the Court DENIED
in part and SUSTAINED in part Plaintiff’s Motion to Compel and to Amend Scheduling
Order (ECF No. 98). The Court’s order is memorialized below.
I.

Plaintiff’s Motion to Compel (ECF No. 98)
The Court began by addressing the outstanding discovery Plaintiff sought to compel

after Defendants served their responses and objections on January 22, 2025. Plaintiff
served an initial set of 13 Interrogatories and the Defendants objected to Nos. 1, 2, 4, 5, 6,
7, 8, 9, 10, 11, and 12. After addressing the relevancy of each Interrogatory in turn, the
Court sustained Defendants’ relevance objections to Interrogatories Nos. 5, 6, 8, 9, and 12
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in accordance with the Court’s relevancy determinations during the hearing. Regarding
Interrogatories Nos. 1, 2, 4, 7, 10 & 11, the Court sustained in part and denied in part
Defendants’ objections. Defendants are to supplement their responses to these
Interrogatories in accordance with the Court’s discussions at the Status Conference no later
than March 13, 2025. These responses should include, but are not limited to, who worked
on the land and in what capacity they did so for the relevant time period, who this matter
was discussed with and the nature of those communications, if there were animals on the
land, how many, and what they were doing on the land, and whether the Defendants have
other written or oral leases for farm land outside of the pasture in this case.
The Court then addressed Plaintiff’s objection to Defendants’ Privilege Log served
on Plaintiff on January 22, 2025. Plaintiff argues the entries from 3/17/2023, Defendants
contend are attorney-client communications, are necessary to prove his unfair competition
claims and thus cannot be protected by attorney-client privilege. The Court ordered
Defendants to produce the two entries on the privilege log for 3/17/2023 for in-camera
review no later than March 13, 2025. The Court will then determine if the privilege applies
to these entries or if an implicit waiver is present.
Lastly, the Court addressed Plaintiff’s four Requests for Production. After
discussing the information Plaintiff sought to glean from each, the Court determined all
KSU emails were irrelevant to the present claims in this matter. The Court did find,
however, the emails requested from the Black Diamond Angus Gmail are relevant to the
case and ordered Defendants produce all relevant emails to the case for the time period
between 6/1/2022 and 12/1/2024 to Plaintiff no later than March 28, 2025.
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II.

Plaintiff’s Motion to Amend Scheduling Order (ECF No. 98).
Plaintiff’s Motion also requested a 90-day extension of all discovery deadlines. The

Court denied this request but sustained in part regarding Plaintiff’s deadline to file a Motion
for Leave to Amend. Plaintiff will have until April 11, 2025 to file any motion seeking
leave to amend his Complaint.
The Court determined the rest of the schedule would not need to be enlarged where
parties are moving towards depositions and agreed to three dates at the Status Conference.
The Court’s calendar reflects parties will conduct depositions in Wichita, Kansas at the
U.S. Courthouse, 401 N Market St, Wichita, KS 67202, Jury Room 328 from April 21-23,
2025. Parties are to file their notices on the electronic docket.
IT IS SO ORDERED.
Dated March 7, 2025 at Wichita, Kansas.

s/ Gwynne E. Birzer
GWYNNE E. BIRZER
U.S. Magistrate Judge

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