United States District Court, D. Kansas
LEORA RILEY, et al., Individually and on behalf of all others similarly situated, Plaintiffs,
PK MANAGEMENT, LLC, et al., Defendants.
MEMORANDUM AND ORDER
J. James U.S. Magistrate Judge
matter is before the Court on Plaintiffs' Motion to
Compel Discovery (ECF No. 122). Plaintiffs seek an order
compelling all Defendants to produce documents responsive to
a request in Plaintiffs' Second Document Request seeking
information about each Defendant's net worth. Defendants
oppose the motion. For the reasons set forth below, the Court
will deny the motion.
served their Second Documents Requests on each Defendant on
December 7, 2018. These requests include the following:
NO. 55: For each tax/fiscal year from 2008 to
present, produce a copy of documents outlining YOUR net
worth, including the following:
a. Balance sheets;
b. Income statements;
c. Cash flow statements;
d. Statements of shareholders' (and/or members')
e. Profit and loss statements;
f. Financial statements; and,
g. Income tax returns filed with the IRS.
Defendant objected to the request on various grounds. PK
Management, LLC (PK) asserts the request is overly broad, not
limited in time or scope, seeks confidential documents,
seeks irrelevant information. Central Park Investors, LLC
(Investors) objects on grounds of relevancy, proportionality,
and overbreadth in temporal scope. Aspen Companies
Management, LLC (Aspen) and Central Park Holdings, LLC
(Holdings) assert the request is premature because the
information is relevant only to punitive damages and not
appropriate in the certification stage.
conferred with Defendants, as required by Fed.R.Civ.P.
37(a)(1) and D. Kan.37.2, and Plaintiffs have timely filed
Rule of Civil Procedure 26(b)(1) sets out the general scope
of discovery. As amended in 2015, it provides as follows:
Parties may obtain discovery regarding any nonprivileged
matter that is relevant to any party's claim or defense
and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount
in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of
the discovery in resolving the issues, and whether the burden
or expense of the proposed discovery outweighs its ...