Johnson v. Kraft Foods N. Am., Inc

236 F.R.D. 535 (D. Kan. 2006)

 

RULE:

Fed. R. Civ. P. 34 governs requests for production of documents. Fed. R. Civ. P. 34(b) provides that a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

FACTS:

In ruling on defendant's motion to compel responses to discovery requests, the court found that plaintiff's "general objections" made it impossible for defendants to determine which of the "general objections" applied to a particular request or interrogatory, and thus they were deemed waived. The court held that plaintiff's tax returns were relevant to the issue of damages where he claimed economic losses and back and front pay. Plaintiff was not required to execute a release allowing defendants to obtain the tax records from third parties because there was no basis in Fed. R. Civ. P. 34 to compel a party signature. Because plaintiff failed to provide any information establishing that documents were produced as kept in the ordinary course of business under Fed. R. Civ. P. 34(b), he was required to organize and label them to correspond with the categories in each request. 

ISSUE:

Was petitioner’s motion to compel valid?

ANSWER:

No.

CONCLUSION:

The court granted in part and denied in part defendants' motion to compel discovery responses. The court deemed plaintiffs' general objections waived, ordered plaintiff to produce tax returns, but allowed him to redact information concerning his spouse, denied the motion to compel responses to certain interrogatories, and required plaintiff to submit amended responses.

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