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Wonch v. Meyer

United States District Court, D. Nebraska

May 21, 2015

JEREMY J. WONCH, Plaintiff,
v.
DEREK K. MEYER, Individually; and NAVAJO EXPRESS, INC., a Colorado Corporation; Defendants.

ORDER

CHERYL R. ZWART, Magistrate Judge.

Plaintiff Wonch has moved to compel responses to written discovery served on the defendants. (Filing No. 39). For the reasons discussed below, the motion will be denied.

BACKGROUND

Plaintiff's complaint alleges that on April 24, 2012, a semi-truck driven by Defendant Meyer rear-ended Plaintiff's vehicle. The accident occurred as Meyer was driving westbound on Interstate 80 in Keith County, Nebraska. Meyer was allegedly driving the truck in the course and scope of his employment for Defendant Navajo Express, Inc. (Filing No. 1).

The plaintiff served written discovery on Defendant Meyer in November of 2014. The discovery requests and objections at issue on this motion to compel are:

INTERROGATORY NO. 4: Please describe in detail each motor vehicle accident you have been involved in as a driver during your driving life time.
ANSWER: Objection. Overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, none as a professional driver predating April 24, 2012.
INTERROGATORY NO. 13: Identify the user name and e-mail address for any Facebook, MySpace, Twitter, LinkedIn, Instagram, or other social media service maintained by you from January 1, 2012 through the present.
ANSWER: Objected to as overly broad and not reasonably calculated to lead to the discovery of admissible evidence.
INTERROGATORY NO. 14: Identify the name and service provider for any mobile communication device in your vehicle at the time of the accident - for which you would and/or could have also received a detailed billing statement for the month of accident herein question, including the date and time in question - and annex a true copy of said complete billing statement.
ANSWER: Objected to as overly broad and not reasonably calculated to lead to the discovery of admissible evidence.
REQUEST NO. 4: Please produce any and all documents that you and/or the Interrogatories referred to and/or identify in your Answer to Interrogatories.
RESPONSE: None.

(Filing No. 39, at CM/ECF ...


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