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Helmert v. Butterball, LLC

United States District Court for the Eastern District of Arkansas
2010 WL 2179180 (2010)


Facts

Sheila Helmert, Wilma Brown, and Lori West, on behalf of themselves and others similarly situated (collectively Plaintiffs), filed suit against former employer Butterball, LLC (Butterball) (defendant) under the Fair Labor Standards Act (FLSA) and Arkansas law. Plaintiffs alleged that they had not been fully compensated under the FLSA for time spent donning, doffing, and sanitizing protective gear and equipment. Plaintiffs asked Butterball to provide specific electronically stored information (ESI). More specifically, Plaintiffs asked Butterball to use 70 terms in searches of ESI of 43 employees for the previous 10 years. Butterball refused and noted that the request was overly burdensome, costly, and would not lead to the discovery of any admissible evidence. Butterball also claimed that it could not search for more than one term within a sentence or within the same document without undue burden. The Plaintiffs filed a motion to compel the discovery pursuant to Fed. R. Civ. P. 37(a). The court then heard the motion.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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