Opinion
21-CV-02644 (MKV)(SN)
01-12-2024
ORDER
SARAH NETBURN, UNITED STATES MAGISTRATE JUDGE.
Dining Plaintiff s deposition, which was held on October 26, 2023, Defendant demanded two categories of documents - Travel Documents and Bank Documents. See ECF No. 75 at 1. A written follow-up demand was served on December 13, the day before the close of discovery. Plaintiff objects to these demands as untimely, not relevant, and intended to harass Plaintiff.
First, the demands are not untimely, though Defendant should have more promptly followed up from the oral demand. They were made more than a month before the close of discovery, and a written request reiterated the demand within the discovery period. Second, the Court overrules Plaintiffs objection that the demands are intended to harass Plaintiff. There is no evidence to support this conclusory statement.
Third, Defendant states that the Plaintiff s location dining her alleged employment is relevant to her claims, including the availability of certain statutes for non-U.S. citizens. Accordingly, her travel may shed light on whether her claims are proper. Moreover, it is likely not burdensome to produce her Travel Documents. The Court, however, modifies the demand to call for any document that reflects or discloses all travel to and/or from the United States from October 1, 2017, to the present. For the avoidance of doubt, Plaintiff need not produce “any and all” documents “and communications.” So long as Plaintiff can reasonably establish her periods of residency, she need not produce every possible document. Plaintiff's objection to the demand for Bank Documents is sustained because such records are not the best evidence of Plaintiff's residency and are likely to disclose private or sensitive information.
Plaintiff is ORDERED to produce the Travel Documents, as modified, by January 26, 2024.
SO ORDERED.