Civil Procedure Keyed to Subrin
Moss v. Blue Cross & Blue Shield of Kansas Inc
Plaintiff has brought her claims under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. 2601 et seq. specifically, plaintiff contends that defendant “violated the FMLA [by] interfering with, restraining and denying the Plaintiff's exercise or attempt to exercise her right to use protected leave.” The plaintiff is requesting information from the plaintiff that would require a review of all employees. Defendant objects to this interrogatory as being overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. The defendant claims that there is no way to identify the designated employees other than by assessing the personnel files of every employee who works or has worked for the defendant during the past ten years. That would include thousands of employees, and the time commitment necessary to review of the personnel files would be quite burdensome.
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