Moss v. Blue Cross and Blue Shield of Kansas, Inc.
United States District Court for the District of Kansas
241 F.R.D. 683 (D. Kan. 2007)
Moss (plaintiff) sued Blue Cross and Blue Shield of Kansas, Inc. (Blue Cross) (defendant) for allegedly violating the Family and Medical Leave Act (FMLA) by interfering with her right to use leave time under the FMLA. Moss also charged Blue Cross with committing FMLA retaliation against her. Moss made a motion to compel responses to interrogatories and production of documents that she requested during discovery. Blue Cross objected to the interrogatories and document requests on the grounds that they were overly broad, unduly burdensome, and not likely to lead to admissible evidence. The court found that Blue Cross did not meet its burden because it did not give details about why the interrogatories and requests would be unduly burdensome. However, the court ultimately found that the interrogatories and requests were unduly burdensome on their face. Thus, the court applied an exception that overlooks the objecting party’s failure to meet his burden where the request is unduly burdensome on its face. The court sustained Blue Cross’s objections to the interrogatories but required Blue Cross to respond to portions of the interrogatories that were not unduly burdensome and gave guidance on what must be produced. The court also sustained Blue Cross’s objections to the document requests.
Rule of Law
Holding and Reasoning (Sebelius, J.)