Free Order on Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-01016-WWE

Document 106

Filed 11/10/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JULIE DILLON RIPLEY MILLER, Plaintiff, v. MERRILL LYNCH CREDIT CORPORATION, Defendant. : : : : : : : : : :

CASE NO.

3:03CV1016(RNC)

RULING ON PLAINTIFF'S MOTION TO COMPEL Pending before the court is the plaintiff's motion to compel. (Doc. #76.) follows: 1. Requests for Production 1 and 2 of the plaintiff's Second After hearing oral argument, the court rules as

Request for Production of Documents and Request for Production 1 of the plaintiff's Third Request for Production of Documents are GRANTED. 2. Request GRANTED. The party Request for for Production requesting 3 of the plaintiff's Second is

Production

email

concerning

Miller

The defendant's burdensomeness objection is overruled. resisting production bears the responsibility of

establishing undue burden.

Obiajulu v. City of Rochester, 166 "The party claiming that a

F.R.D. 293, 295 (W.D.N.Y. 1996).

discovery request is unduly burdensome must allege specific facts that indicate the nature and extent of the burden, usually by affidavits or other reliable evidence." Jackson v. Montgomery Ward

Case 3:03-cv-01016-WWE

Document 106

Filed 11/10/2004

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& Co., 173 F.R.D. 524, 528-29 (D. Nev. 1997).

See Chubb Integrated

Systems Limited, v. National Bank of Washington, 103 F.R.D. 52, 59-60 (D.D.C. 1984)("Generally, a party seeking to avoid discovery on a burdensomeness argument must substantiate that position with detailed affidavits or other evidence establishing an undue burden. An objection must show specifically how a [discovery request] is overly broad, burdensome or oppressive, by submitting evidence or offering evidence which reveals the nature of the burden.") In

this case, the defendant has not made a sufficient showing to sustain its objection that responding to this request would create an undue burden. SO ORDERED at Hartford, Connecticut this 10th day of November, 2004.

__________/s__________________ Donna F. Martinez United States Magistrate Judge

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