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Schyvincht v. Menard, Inc.

United States District Court, N.D. Illinois, Western Division

July 10, 2019

Bret Schyvincht, Plaintiff,
v.
Menard, Inc., d/b/a Menards, Defendant.

          MEMORANDUM OPINION AND ORDER

          LISA A. JENSEN, UNITED STATES MAGISTRATE JUDGE

         Before the Court is Defendant's motion for protective order [52]. Defendant requests that this Court enter a protective order striking Topics A, B, C, D, E, and F in Exhibit A of Plaintiff's Notice of Rule 30(b)(6) Deposition and limiting Topics G, H, and I to rules, polices, procedures, and efforts of Defendant generally. Dkt. 52 at 6. For the following reasons, Defendant's motion for protective order [52] is granted in part and denied in part. Defendant's motion is granted in part with respect to Topics C and D and is denied as to the remainder of the Topics.

         I. BACKGROUND

         This case stems from an incident on August 14, 2016 at the Menards Sycamore Store where Plaintiff was struck in the head by a piece of lumber. Dkt. 1 Ex. A. The case originated in the Circuit Court of the 23rd Judicial Circuit, DeKalb County, Illinois and was removed to this Court on August 30, 2018. Dkt. 1. On March 15, 2019, Plaintiff served a Notice of Video Deposition(s) Pursuant to Rule 30(b)(6). Dkt. 46. The Notice asked Defendant to identify and produce a witness or witnesses to provide testimony on the following topics:

A. MENARDS's knowledge as to any facts of the 8/14/16 Incident.
B. MENARDS's investigation into the facts, cause, and injuries incurred by Plaintiff in the 8/14/16 Incident.
C. MENARDS's position or opinion that Plaintiff was not exercising due care for his own safety at the time of the 8/14/16 Incident.
D. MENARDS's position or opinion that someone other than Gerardo Ibarra was responsible for Plaintiff's injuries incurred as a result of the 8/14/16 Incident.
E. All training provided to Gerardo Ibarra with regard to safe handling of lumber at the Sycamore Store.
F. Gerardo Ibarra's duties and responsibilities on August 14, 2016 with respect to the safe handling of lumber.
G. All rules, policies or procedures in effect at the Sycamore Store on August 14, 2016 intended to protect consumer members of the public from being struck by lumber.
H. All rules, policies or procedures in effect at the Sycamore Store on August 14, 2016, which MENARDS employees were required to follow and which were intended to protect employees or consumer members of the public against personal injury.
I. All efforts of MENARDS to protect consumers against being struck by lumber being handled by MENARDS employees, both ...

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