Figueroa v. BNSF Railway Company
Filing
91
ORDER GRANTING DEFENDANTS AMENDED MOTION FOR PROTECTIVE ORDER, DENYING PLAINTIFFS CROSS-MOTION FOR ORDER COMPELLING PRODUCTION, AND DENYING PLAINITFFS MOTION FOR ORDER TO COMPEL ANSWERS. Defendants Amended Motion for Protective Order ECF No. 60 is GRANTED. Plaintiffs Cross-Motion for Order Compelling Production Pursuant to Subpoena Duces Tecum ECF No. 62 is DENIED. Plaintiffs Motion for Order to Compel Answers to Plaintiffs Requests for Production Nos. 1 and 2 to Defendant BNSF Railway Company ECF No. 64 is DENIED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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LILLIAN FIGUEROA, an individual,
NO. 4:17-CV-5096-TOR
Plaintiff,
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v.
BNSF RAILWAY COMPANY, a
foreign corporation,
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Defendant.
ORDER GRANTING DEFENDANT’S
AMENDED MOTION FOR
PROTECTIVE ORDER, DENYING
PLAINTIFF’S CROSS-MOTION FOR
ORDER COMPELLING
PRODUCTION, AND DENYING
PLAINITFF’S MOTION FOR ORDER
TO COMPEL ANSWERS
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BEFORE THE COURT are Defendant’s Amended Motion for Protective
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Order (ECF No. 60), Plaintiff’s Cross-Motion for Order Compelling Production
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Pursuant to Subpoena Duces Tecum (ECF No. 62), and Plaintiff’s Motion for
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Order to Compel Answers to Plaintiff’s Requests for Production Nos. 1 and 2 to
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Defendant BNSF Railway Company (ECF No. 64). These matters were heard
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without oral argument, the Court determined pursuant to LR 7.1(h)(3)(B)(iv) that
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oral argument is not warranted. See ECF Nos. 87; 89. The Court has reviewed the
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 1
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record and files herein, and is fully informed. For the reasons discussed below,
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Defendant’s Amended Motion for Protective Order (ECF No. 60) is GRANTED,
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Plaintiff’s Cross-Motion for Order Compelling Production Pursuant to Subpoena
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Duces Tecum (ECF No. 62) is DENIED, and Plaintiff’s Motion for Order to
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Compel Answers to Plaintiff’s Requests for Production Nos. 1 and 2 to Defendant
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BNSF Railway Company (ECF No. 64) is DENIED.
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BACKGROUND
This case concerns a claim under the Federal Employers’ Liability Act, 45
U.S.C. § 51, by Plaintiff Lillian Figueroa against Defendant BNSF Railway
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Company, a foreign corporation incorporated in Delaware. ECF No. 1 at ¶¶ 1-2.
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On May 29, 2012, Plaintiff was injured while performing work at Defendant’s
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Pasco Diesel Facility in Washington. Id. at ¶ 3. On May 22, 2015, Plaintiff filed
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suit in the Circuit Court of the State of Oregon. ECF Nos. 1 at ¶ 9; 8-2 at 2. The
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case was dismissed for lack of personal jurisdiction on July 11, 2017. ECF No. 1
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at ¶¶ 14-24.
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On July 12, 2017, Plaintiff filed a Complaint in this Court. Id. at ¶ 26. On
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August 7, 2017, Defendant filed a Motion to Dismiss under 12(b)(6), arguing that
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Plaintiff’s claim is time barred by the applicable three-year statute of limitations
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(45 U.S.C. § 56) and that equitable tolling is not appropriate due to Plaintiff’s
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alleged forum shopping. ECF No. 6 at 1-2. The Court denied Defendant’s
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 2
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Motion, finding that Plaintiff could prove a set of facts establishing that the action
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was timely. ECF No. 14 at 7. On April 13, 2018, Defendant filed a Motion for
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Summary Judgment, arguing that Plaintiff commenced this action after the
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expiration of the applicable statute of limitations. ECF No. 48. Defendant also
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filed a Motion for Protective Order on the same day. ECF No. 50.
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On April 26, 2018, Defendant filed the instant Amended Motion for
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Protective Order, seeking to prohibit the discovery of Dr. W. Brandt Bede’s tax
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records, employment/independent contractor agreements, and marriage/divorce
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filings. ECF No. 60. Plaintiff filed a Response to BNSF’s Motion for Protective
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Order and Cross-Motion for Order Compelling Production Pursuant to Subpoena
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Duces Tecum. ECF No. 62. On April 27, 2018, Plaintiff filed a Motion to Compel
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Answers to Plaintiff’s Requests for Production Nos. 1 and 2 to Defendant BNSF
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Railway Company. ECF No. 64.
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DISCUSSION
I.
Standard of Review
Pursuant to Federal Rule of Civil Procedure 37, a party may move the Court
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for an order compelling disclosure or discovery responses. Fed. R. Civ. P.
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37(a)(1). The motion must include certification that the moving party “in good
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faith conferred or attempted to confer” with opposing counsel in an effort to obtain
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discovery before resorting to court action. Fed. R. Civ. P. 37(a)(1).
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 3
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Under Federal Rule of Civil Procedure 26(b)(1), the scope of discovery is
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broad and includes “any nonprivileged matter that is relevant to any party’s claim
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or defense….” Fed. R. Civ. P. 26(b)(1). Yet, under Federal Rule of Civil
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Procedure 26(c)(1), the court may, for good cause, issue an order limiting
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discovery to protect a party from “annoyance, embarrassment, oppression, or
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undue burden or expense.” Fed. R. Civ. P. 26(c)(1). The burden is upon the party
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seeking the order to “show good cause” by demonstrating harm or prejudice that
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would result from the discovery. Rivera v. NIBCO, Inc., 364 F.3d 1057, 1064 (9th
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Cir. 2004 (quoting Phillips ex rel. Estates of Byrd v. General Motors Corp., 307
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F.3d 1206, 1210-11 (9th Cir. 2002)).
II.
Protective Order and Cross-Motion to Compel
As an initial matter, the Court finds that Defendant made a good faith effort
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to confer with Plaintiff via email communication and telephone, but the parties
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were unable to reach an agreement. ECF No. 60 at 1; Fed. R. Civ. P. 26(c)(1);
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37(a)(1).
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Dr. Bede is an orthopedist retained by Defendant to provide expert
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testimony related to Plaintiff’s alleged injuries and damages. ECF No. 60 at 2. On
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April 2, 2018, Plaintiff served Defendant with an FRCP 45(a)(4) Notice of Intent
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to Issue and Serve Subpoena Upon W. Brandt Bede, M.D. with an attached
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Subpoena. ECF Nos. 60 at 2; 61 at 4-9 (Ex. A). The Subpoena includes requests
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 4
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for three different types of tax documents, request for any employment and/or
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independent contractor agreements between Dr. Bede and various entities, and a
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request for divorce petitions. ECF Nos. 60 at 2-4; 61 at 6-8 (Ex. 1). Plaintiff
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clarified that the request for divorce petitions includes a copy of any marriage
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certificates. ECF Nos. 60 at 4; 61 at ¶ 4. Defendant notified Plaintiff that it
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objects to these Subpoena requests. ECF No. 60 at 4.
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A. Tax Records
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Defendant argues that the request for Dr. Bede’s tax records is irrelevant and
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overly broad. ECF No. 60 at 5; Fed. R. Evid. 401. Defendant cites Olson v. State
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Farm Fire & Cas. Co., where the Western District of Washington found the
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plaintiff’s request for the financial records of defendant’s expert irrelevant and
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overbroad. ECF No. 60 at 5-6; No. C14-0786RSM, 2015 WL 753501, at *2 (W.D.
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Wash. Feb. 23, 2015). The court in Olson determined that the plaintiff could
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obtain information about the expert’s income and the percentage attributed to
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expert witness work through her testimony at deposition without the need for broad
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financial records and complete tax returns. Olson, 2015 WL 753501, at *3.
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Defendant argues that the issue in Olson is the same as the pending issue
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before this Court and Plaintiff can ask Dr. Bede about the total percentage of his
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gross income that is earned while performing expert witness services. ECF No. 60
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at 6. Defendant also notes that while an expert’s litigation income can be relevant
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 5
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to bias, its value is slight and is typically outweighed by the potential harms of
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confusing and distracting the jury. ECF No. 60 at 6; see Tate v. United States, No.
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3:14-CV-0242 JWS, 2016 WL 7108427, at *1 (D. Alaska Dec. 5, 2016); see also
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Behler v. Hanlon, 199 F.R.D. 553, 562 (D. Md. 2001).
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Plaintiff responds that income derived from forensic work is routinely
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discoverable and relevant for purposes of impeachment. ECF No. 62 at 3.
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Plaintiff asserts that Olsen is not applicable because Plaintiff here does not seek all
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financial records and tax returns, but “only objective, verifiable evidence that
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would enable her to independently determine the percentage of Dr. Bede’s income
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derived from forensic work.” Id. at 4-5. Plaintiff alleges that Dr. Bede will not
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cooperate at deposition and will actively resist any release of his earnings,
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remaining “so vague at deposition as to render it meaningless.” Id. at 5. Plaintiff
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cites to other depositions of Dr. Bede in unrelated cases. See id. at 6-7. Defendant
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contends that how Dr. Bede testified in a deposition 33 years ago and details about
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his forensic work read into the record from 28 years ago have no bearing regarding
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how Dr. Bede will testify at deposition in this matter. ECF No. 85 at 3. Plaintiff
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replies that Dr. Bede also resisted inquiry into his medical practice’s income in
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2012. ECF No. 87 at 2-3.
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The Court finds that Plaintiff may not compel discovery of Dr. Bede’s tax
records, specifically copies of his W-2’s, 1099’s, and Schedule K-1’s. See id. at 2.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 6
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The Court determines that this evidence is irrelevant and overbroad when Plaintiff
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may depose Dr. Bede regarding how much he earns as an expert witness. The
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parties agree that information tending to show bias of a witness is relevant and that
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Plaintiff may inquire about Dr. Bede’s income at his deposition. See ECF No. 85
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at 2. When Plaintiff is able to discover this information through a deposition, the
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Court finds no reason to also compel production of Dr. Bede’s tax records.
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The Court is not persuaded that Dr. Bede will be so vague as to render his
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deposition meaningless. See ECF No. 62 at 5. Dr. Bede’s prior depositions in
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other cases are not relevant to his deposition here. The Court is not convinced by
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Plaintiff’s allegation that Dr. Bede has a “deep-seated hostility to inquiry into his
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medical practice’s income.” ECF No. 87 at 2. The Court finds it premature to
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conclude that he will not cooperate in this deposition. 1 Accordingly, the Court
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The Court notes that it is also not persuaded by Plaintiff’s analysis of an
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invoice that may show forensic income being billed through Dr. Bede’s clinical
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practice. ECF Nos. 87 at 3; 88-1 at 2 (Ex. 1). Plaintiff insists that this invoice may
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tend to falsely under-report forensic income, potentially insulating Dr. Bede from
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sharp cross-exam. ECF No. 87 at 3. The Court declines to accept these allegations
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before Dr. Bede is even given the opportunity to answer questions regarding his
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income.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 7
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grants Defendant’s Amended Motion for Protective Order in regards to Dr. Bede’s
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tax records. ECF No. 65.
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B. Employment and/or Independent Contractor Agreements
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Defendant asserts that Plaintiff’s request for employment and/or independent
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contractor agreements is also irrelevant and overly broad. ECF No. 60 at 6-7; Fed.
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R. Evid. 401. Defendant argues that there is nothing about the terms and
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conditions of Dr. Bede’s agreement(s) with third-party entities to perform medical
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services or forensic exams that make Plaintiff’s claims or Defendant’s defenses
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more or less probable. ECF No. 60 at 6-7. Defendant insists that to the extent
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Plaintiff seeks to use any information to support a bias argument, she will be able
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to obtain similar information from Dr. Bede’s deposition testimony. Id. at 7.
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Defendant also states that it has already disclosed the compensation it will pay Dr.
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Bede in this case under Federal Rule of Evidence 26(a)(2)(B), and has further
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agreed to provide Plaintiff with additional documentation reflecting compensation
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paid or claimed by Dr. Bede for his study and testimony in this matter. Id.
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Defendant concludes that Plaintiff will then have more than enough information to
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present to a jury on the issue of bias without delving into employment and/or
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independent contractor agreements. Id.
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Additionally, Defendant contends that Plaintiff has indicated there may be a
clause in these agreements that speaks to Dr. Bede’s ability to terminate his
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 8
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services if his financial documents are ordered to be produced. Id. Defendant
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insists that it is unclear how any such provision is relevant, but states that such a
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provision does not exist in Dr. Bede’s agreement with Advanced Medical Group,
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Inc., the entity for which he was retained in this matter. Id.
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Plaintiff does not address this issue in her response. See ECF Nos. 62; 87.
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As Plaintiff does not dispute the discoverability of the employment agreements and
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only makes arguments regarding Dr. Bede’s tax records, the Court finds that the
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employment agreements are not discoverable. The Court agrees with Defendant
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that the request is irrelevant and overly broad because Plaintiff may obtain any
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information regarding bias at Dr. Bede’s deposition.
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C. Marital Filings
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Defendant argues that Plaintiff’s request for petitions for dissolution of
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marriage and marriage certificates is irrelevant and overly broad. ECF No. 60 at 8;
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Fed. R. Evid. 401. Defendant asserts that Plaintiff argues the information is
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relevant because Dr. Bede allegedly testified in an unrelated matter that he
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performs IMEs at his wife’s request. ECF No. 60 at 8. Defendant states that
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Plaintiff seems to reason that if Dr. Bede is not actually married, he is lying about
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his marital status and thus not a credible witness. Id. Dr. Bede’s assistant stated
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that he is currently married, and Defendant shared this information with Plaintiff
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who still seeks marriage certificates. Id. at 4 n.1.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
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Defendant insists that Plaintiff can obtain information about Dr. Bede’s
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marital status through his deposition testimony and there is no need for discovery
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regarding this matter. Id. at 8. Defendant notes that there is no reason for Plaintiff
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to review divorce petitions or marriage certificates prior to deposition because such
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a line of questioning would only take all of 15 seconds. Id.
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Plaintiff does not address this issue in her response. The Court then finds
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that marital filings are not discoverable as Plaintiff does not object and she may
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obtain this information at Dr. Bede’s deposition.
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III.
Motion to Compel Answers to Plaintiff’s Requests for Production
Plaintiff moves the Court to compel Defendant to produce the documents
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and records sought in Plaintiff’s Requests for Production Nos. 1 and 2 to Plaintiff’s
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First Set of Requests for Production to Defendant. ECF No. 64 at 1.
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A. Obligation to Confer
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Plaintiff certifies that the parties made a good faith effort through an in-
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person conference to resolve this dispute. ECF No. 64 at 1; Fed. R. Civ. P.
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37(a)(1). Defendant alleges that Plaintiff filed this Motion without conferring with
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Defendant and the Motion to Compel should be denied. ECF No. 83 at 1-2.
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On April 26, 2018, Defendant served Plaintiff with responses to Plaintiff’s
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First Set of Requests for Production. ECF Nos. 83 at 2; 65-1 (Ex. 1). On April 26,
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2018, the parties conducted the discovery deposition of Ryan Risdon in Denver,
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 10
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Colorado. ECF No. 89 at 1. During this deposition, Plaintiff asserts that the
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parties conferred regarding Plaintiff’s requests for production. ECF No. 89 at 3.
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Defendant insists that the parties discussed Defendant’s return to work policies, but
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they did not discuss Defendant’s responses to Plaintiff’s discovery requests. ECF
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No. 83 at 2. Defendant argues that Plaintiff’s counsel did not specifically discuss
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Defendant’s objections to Request Nos. 1 and 2 or notify Defendant that Plaintiff
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would be filing a Motion to Compel. Id. Plaintiff then filed the instant motion on
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April 27, 2018. ECF No. 64. Defendant contends that Plaintiff has not complied
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with its obligation to confer and the motion should not be heard. ECF No. 83 at 2.
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Plaintiff replies that counsel for both parties “compared views face-to-face during a
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hiatus in Risdon’s deposition and couldn’t come to an agreement or resolution,”
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constituting a conferral. ECF No. 89 at 3.
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Additionally, Defendant emphasizes that the parties’ intention was to end
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discovery except as related to Plaintiff’s medical condition, and thus the instant
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motion is to obtain documents at the eleventh hour. ECF No. 83 at 5 n.1. Plaintiff
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concedes that the parties agreed no additional discovery would be done save for
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Plaintiff’s medical condition, but argues that this motion is not additional
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discovery made beyond the original cut-off date. ECF No. 89 at 7. Plaintiff notes
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that she filed the motion on April 27, 2018, within the discovery limits so as to
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meet the original discovery cut-off. Id.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 11
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It is not clear that Plaintiff made a good faith attempt to resolve the dispute
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as Defendant contends that it was not aware of Plaintiff’s specific objections.
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Regardless, the Court still considers the motion below and finds that the requests
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are irrelevant and overbroad.
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B. Requests Nos. 1 and 2
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In request No. 1, Plaintiff seeks “[a]ll findings and reports made by any
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BNSF committee, group, or investigation into Terry Gay’s management practices
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as a supervisor of BNSF’s mechanical department, made following the murder of
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Emery Connors by James Forshee on April 17, 2014 at BNSF’s Klamath Falls,
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Oregon mechanical facility.” ECF No. 65-1 at 5 (Ex. 1). In request No. 2,
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Plaintiff also seeks “[a]ll complaints received by BNSF through any means
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regarding the management practices of Terry Gay while acting as a supervisor of
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the BNSF mechanical department during the period of 2003-2014.” Id. Defendant
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objected to both requests as overly broad and irrelevant to any claim pled or
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defense alleged. Id. Defendant insisted that the request is not proportional to any
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need of the instant case and the request calls for information protected by attorney-
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client privilege and/or work product. Id.
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Plaintiff alleges that while Mr. Gay was her direct supervisor during 2002-
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2005, he expressed hostile personal attitudes towards women employed in the
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railroad workplace directly to Plaintiff. ECF No. 64 at 2. In 2012, Plaintiff states
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 12
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that Mr. Gay was in a supervisor position that put him in a place of authority over
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much of Defendant’s mechanical department, including Plaintiff’s workplace. Id.
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Plaintiff asserts that in 2014 a BNSF mechanical department employee murdered
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his mechanical foreman and Defendant then opened an investigation into Mr.
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Gay’s management practices. Id. Plaintiff was one of the employees interviewed
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by BNSF Human Resources department. Id. Shortly after the investigation,
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Plaintiff states that Mr. Gay was either fired, or offered a demotion, which he
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refused and then resigned. Id.
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Plaintiff argues that this information is relevant because, in 2012, Plaintiff
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feared that she was perceived by management as being incapable of performing
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any task at the facility. Id. at 3. Plaintiff insists that she was vulnerable to
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discipline and dismissal given Mr. Gay’s already expressed hostility, emphasizing
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that she was the only female employee at the facility. Id. Plaintiff testified that
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she performed the task because to refuse, or even to avoid the task, was to risk
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retaliation. Id. at 4. Plaintiff notes that Defendant disputes Plaintiff’s fears and
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argues that she could have, and should have, refused the task. Id. at 3. Plaintiff
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contends the information is relevant because the investigation would likely tend to
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support her claims that Mr. Gay engaged in hostile acts and attitudes towards
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employees. Id.
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ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 13
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Additionally, Plaintiff alleges that the information is proportional to the
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issue because Defendant claimed contributory negligence and is directly
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attempting to reduce or eliminate altogether Plaintiff’s ability to recover
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compensation for her injuries. Id. at 4. Plaintiff argues that Defendant’s effort to
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produce the document is minimal in comparison to the importance of the issue,
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which Defendant created. Id.
Defendant asserts that the requests are overly broad and irrelevant.2 ECF
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No. 83 at 4. Defendant argues that Plaintiff has not alleged any claim relating to
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hostile work environment, discrimination, harassment or the like. Id. Defendant
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states that, as it understands, Plaintiff’s argument is that Mr. Gay made a comment
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to Plaintiff related to gender over a decade before the incident, and for that reason,
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Plaintiff felt obligated to perform her work a certain way on the date of the alleged
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Plaintiff alleges that Defendant did not include a declaration or affidavit
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supporting its factual assertions, violating Local Rules 7.1(a)(2) and 7.1(g). ECF
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No. 89 at 3 n.1. Plaintiff notes that those factual assertions were made by
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Stephanie Holmberg who was never present at any of the events in Colorado,
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rather than Aukjen Ingraham. Id. The Court finds that Plaintiff is mistaken and
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Defendant included the Declaration of Ms. Ingraham in its Opposition to Plaintiff’s
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Motion to Compel. ECF No. 84.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 14
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injury. Id. Defendant emphasizes that “[t]he requests are not tailored to seeking
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information relating to plaintiff’s representations about Mr. Gay’s comment …;
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rather, they called for information about Mr. Gay’s general ‘management
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practices.’” Id.
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Plaintiff replies that she “has a need to understand the entire picture behind
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what drove the Human Resources department to take such drastic action against
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Mr. Gay. Only then can plaintiff ‘tailor’ [her] presentation of evidence from the
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report to the specifics of plaintiff’s fears.” ECF No. 89 at 4. Plaintiff insists that
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the Court agreed that Defendant’s assertion of contributory negligence made the
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inquiry into Mr. Gay’s conduct relevant. Id. at 5.
On April 26, 2018, a telephonic discovery conference was held regarding a
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dispute at the deposition of Mr. Risdon. ECF No. 59. The Court ruled that Mr.
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Risdon shall answer as to his personal knowledge regarding his interviews and
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information that he provided to Human Resources concerning Mr. Gay’s alleged
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gender discrimination in the workplace. Id. The Court also found that Mr. Risdon
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shall not answer questions regarding the murder, which Plaintiff fails to
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acknowledge. The Court previously found and again finds that the information
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regarding the murder is irrelevant to this suit. As request No. 1 concerns the
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murder, the Court determines that it is irrelevant. See ECF No. 65-1 at 5 (Ex. 1).
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ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 15
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Request No. 2 seeks over ten years of complaints regarding the management
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practices of Mr. Gay. See id. While Mr. Gay’s alleged gender discrimination in
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the workplace is relevant, these requests are overly broad and irrelevant insofar as
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they seek information regarding the murder. Plaintiff may seek to question Mr.
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Gay and others, such as Mr. Risdon, regarding Mr. Gay’s alleged discrimination,
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but over ten years of complaints and an irrelevant murder are not discoverable
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simply to aid Plaintiff in understanding “the entire picture.” ECF No. 89 at 4.
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Aiding Plaintiff in gaining a better picture of the situation is insufficient nor
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proportional to the amount of discovery requested. As the requests are irrelevant,
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the Court need not consider the parties’ arguments regarding attorney-client
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privilege and the work product doctrine. Accordingly, the Court denies Plaintiff’s
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Motion to Compel.
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ACCORDINGLY, IT IS HEREBY ORDERED:
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1. Defendant’s Amended Motion for Protective Order (ECF No. 60) is
GRANTED.
2. Plaintiff’s Cross-Motion for Order Compelling Production Pursuant to
Subpoena Duces Tecum (ECF No. 62) is DENIED.
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3. Plaintiff’s Motion for Order to Compel Answers to Plaintiff’s Requests for
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Production Nos. 1 and 2 to Defendant BNSF Railway Company (ECF No.
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64) is DENIED.
ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 16
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The District Court Executive is directed to enter this Order and furnish
copies to counsel.
DATED May 29, 2018.
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THOMAS O. RICE
Chief United States District Judge
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ORDER GRANTING DEFENDANT’S AMENDED MOTION FOR PROTECTIVE
ORDER AND DENYING PLAINTIFF’S MOTIONS TO COMPEL ~ 17
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