Harold Thomas Rogers, et al. v. West Virginia University Board of Governors, et al.

Summary

The court partially grants and partially denies West Virginia University Board of Governors’ motion for a protective order concerning Plaintiffs’ Rule 30(b)(6) deposition topics. The order requires the parties to confer regarding Topics 2 and 3, limits Topics 14 and 15 to technologies used in the online Master of Social Work program between August 2022 and August 2025, and permits Topic 24 concerning undue-burden and fundamental-alteration evaluations.

Holdings

1. Defendant did not establish undue burden sufficient to eliminate topics 2 and 3, but the topics as written lacked reasonable specificity under Rule 30(b)(6). The parties were therefore required to confer in good faith and revise or narrow the topics to identify the accessibility issues with painstaking specificity.
2. Topics 14 and 15 were relevant but overbroad and disproportionate as written. They were limited to WVU's student-used educational technologies utilized in the online Master of Social Work program between August 2022 and August 2025.
3. Defendant's objection to topic 24 was overruled. Plaintiffs could inquire through a Rule 30(b)(6) deposition into factual information concerning WVU's evaluations of policy modifications and its fundamental-alteration or undue-burden defenses.

Questions Presented

1. Whether Defendant established good cause for a protective order barring or limiting Rule 30(b)(6) deposition topics concerning communications between the student plaintiffs and WVU about accessibility issues.
2. Whether Rule 30(b)(6) topics concerning accessibility testing and changes to WVU's student-used educational technologies were sufficiently particular and proportional to the needs of the case.
3. Whether Plaintiffs could use a Rule 30(b)(6) deposition to obtain factual information concerning WVU's evaluation of policy modifications, fundamental alteration, and undue financial or administrative burden.

Disposition

other