Knutson v. Fidelity National Management Services, LLC
ORDER denying 21 Motion to Compel. The Court has reviewed the plaintiff's Rule 26 disclosures and finds the disclosures adequately identify the general subject matter of each witness' knowledge. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEMORANDUM AND ORDER
FIDELITY NATIONAL MANAGEMENT
SERVICES, LLC, doing business in Nebraska
The defendant has moved for an order compelling the plaintiff to supplement his Rule
26(a) disclosures. Specifically, the defendant requests that the plaintiff be ordered to "provide
the specific knowledge for each witness he has disclosed in support of his claims as required by
Fed. R. Civ. P. 26(a)(1)(A)(i)." (Filing No. 21).
Pursuant to Rule 26 (a)(1)(A)(i), a party must disclose "the name and, if known, the
address and telephone number of each individual likely to have discoverable information--along
with the subjects of that information--that the disclosing party may use to support its claims or
defenses, unless the use would be solely for impeachment. . . ." Fed. R. Civ. P. 26 (emphasis
added). Rule 26 does not require a party to disclose "the specific knowledge for each witness" as
requested by defendant's motion.
The court has reviewed the plaintiff's Rule 26 disclosures, (Filing No. 23-2), and finds the
disclosures adequately identify the general subject matter of each witness' knowledge;
particularly since the vast majority of the witnesses listed are or were employees of the
defendant, and the defendant has at least equal and likely more access to these witnesses for
informal discovery than the plaintiff. Accordingly,
IT IS ORDERED that the defendant's motion to compel, (Filing No. 21), is denied.
January 23, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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