Helmert v. Butterball, LLC

United States District Court for the Eastern District of Arkansas

2010 WL 2179180 (E.D. Ark. 2010)

Under Fed. R. Civ. P. 26(b), a motion to compel discovery will be granted if the information sought is likely to lead to relevant information and does not impose an undue burden or significant cost to the party from whom discovery is sought.

Relevant Facts

Helmert, Brown, and West, (collectively the plaintiffs), filed suit against their former employer, Butterball, LLC (the defendant) under the Fair Labor Standards Act (FLSA) and Arkansas law, alleging that they had not been fully compensated under the FLSA for time spent donning, doffing, and sanitizing protective gear and equipment. The plaintiffs requested the defendant to produce specific electronically stored information (ESI). The plaintiffs requested the defendant to use 70 different terms in searches of the defendant’s ESI of 43 employees for the previous 10 years. The defendant refused, arguing that the request was overly burdensome, costly, and would not lead to the discovery of any admissible evidence. The defendant also argued that it could not search for more than one term within a sentence or within the same document without undue burden. Subsequently, the plaintiffs filed a motion to compel discovery under Fed. R. Civ. P. 37(a). The court then heard the motion.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 20, 2020

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Procedural History

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Citations

2010 WL 2179180 (E.D. Ark. 2010)