Summary
The United States District Court for the District of Kansas rules on Defendants’ motion to compel discovery in Ian Lynch’s employment discrimination and retaliation action. The court grants the motion in part, requiring supplemental discovery responses concerning employment-search documents and privilege assertions, while denying requests concerning attorney-fee agreements and certain telephone records. The order is signed by Magistrate Judge Brooks G. Severson on December 23, 2025.
Holdings
- Discovery into Plaintiff's attorney fees and fee agreement was premature and was not compelled before a motion for attorney fees had been filed.
- Plaintiff was required to provide a supplemental discovery response specifically stating whether all responsive documents concerning his efforts to obtain employment had been produced.
- The motion to compel telephone logs and text messages was denied because Plaintiff represented that he had produced responsive text messages and had offered to cooperate in subpoenaing call logs from his cellular provider.
- Plaintiff was required to supplement his privilege log if additional responsive information was being withheld on the basis of privilege and to state whether any additional privileged responsive documents existed.
Questions Presented
- Whether Defendants were entitled to discovery concerning Plaintiff's attorney-fee agreement and claimed attorney-fee damages before Plaintiff filed a motion for attorney fees.
- Whether Plaintiff had to provide a supplemental discovery response clarifying whether all documents relating to his efforts to obtain subsequent employment had been produced.
- Whether Defendants were entitled to an order compelling production of Plaintiff's personal telephone logs and text messages.
- Whether Plaintiff had to supplement his privilege log and discovery responses concerning documents withheld on the basis of privilege.
Disposition
other
Cases Cited (13)
- Holick v. Burkhart, No. 16-1188-JTM-KGG, 2018 WL 372440, at *2 (D. Kan. Jan. 11, 2018)(followed)
- Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978)(followed)
- Beaty v. Kansas Athletics, Inc., No. CV 19-2137-KHV, 2020 WL 1862563, at *2 (D. Kan. Apr. 14, 2020)(followed)
- Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, No. 09-2516-JAR, 2011 WL 765882, at *3 (D. Kan. Feb. 25, 2011)(followed)
- Swackhammer v. Sprint Corp. PCS, 225 F.R.D. 658, 661, 662, 666 (D. Kan. 2004)(followed)
- Jayhawk Cap. Mgmt., LLC v. LSB Indus., Inc., No. 08-2561-EFM, 2010 WL 11564949 (D. Kan. Dec. 2, 2010)(distinguished)
- Newman v. Union Pacific R.R. Co., No. 12-2518-JTM-KGG, 2013 WL 1308977, at *1 (D. Kan. Mar. 28, 2013)(followed)
- EEOC v. BNSF Ry. Co., No. 12-2634-JWL-KGG, 2014 WL 2589182, at *7 (D. Kan. June 10, 2014)(followed)
- Coffeyville Res. Ref. & Mkting., LLC v. Liberty Surplus Ins. Corp., No. 08-1204-WEB-KMH, 2009 WL 2913535, at *5 (D. Kan. Sept. 4, 2009)(followed)
- Baxter Healthcare Corp. v. Fresenius Med. Care Holding, Inc., 2008 WL 5214330 (N.D. Cal. Dec. 12, 2008)(followed)
Showing top 10 of 13.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…