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Crabtree v. Angie's List, Inc.

United States District Court, S.D. Indiana, Indianapolis Division

January 31, 2017

BROCK CRABTREE, RICK MYERS, ANDREW TOWN, Plaintiffs,
v.
ANGIE'S LIST, INC., Defendant.

          ORDER ON MOTION TO COMPEL

          MARK J. DINSMORE UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on a Motion to Compel filed by Defendant Angie's List, Inc. [Dkt. 46.] Defendant seeks an order compelling Plaintiffs to respond to certain written discovery requests. For the reasons set forth below, the Court DENIES Defendant's Motion.

         I. Background

         In this Fair Labor Standards Act (“FLSA”) action, Plaintiffs assert they were wrongfully denied overtime compensation during a one-year period in which they worked as Senior Sales Representatives, also known as “Closers.” In that position, Plaintiffs finalized sales with service providers for advertising on the Angie's List website and spent a significant portion of their workday on the telephone. Because Defendant did not provide company-issued laptops or cell phones for use outside the office, Plaintiffs often used their personal electronic devices for work purposes.

         Plaintiffs believe they spent approximately 10-12 hours per day working for Defendant, but were paid based upon an eight-hour day and 40-hour workweek. Defendant now seeks to obtain GPS and location services data from Plaintiffs' personal cell phones to “construct a detailed and accurate timeline of when Plaintiffs were or were not working.” [Dkt. 47 at 8.] Plaintiffs object, arguing that the request poses significant privacy concerns and that the GPS data will not accurately portray whether Plaintiffs were working at any given time. Plaintiffs further argue that Defendant has alternative, and far less intrusive, means to identify periods of time when Plaintiffs were working.

         Defendant also raises more general concerns about Plaintiffs' responses to other Requests for Production. Each of the relevant requests will be addressed in turn below.

         II. Legal Standard

         A party may seek an order to compel discovery when an opposing party fails to respond to discovery requests or provides evasive or incomplete responses. See Fed. R. Civ. P. 37(a). A party objecting to the discovery request bears the burden of showing why the request is improper. McGrath v. Everest Nat'l Ins. Co., 625 F.Supp.2d 660, 670 (N.D. Ind. 2008).

         Federal Rule of Civil Procedure 26(b)(1) defines the scope of discovery 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 likely benefit.

         Rule 26 further provides that the Court may impose additional limitations if a discovery request is cumulative, late, or out of proportion to the needs of the case:

(C) When Required. On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that:
(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;
(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in ...

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