KANSAS CITY (LN) — A federal magistrate judge on Thursday denied Genesh, Inc.'s bid to block a plaintiff-intervenor from resuming the deposition of the company's chief operating officer in a Title VII class action alleging systemic sexual harassment across more than 50 Burger King franchises.
U.S. Magistrate Judge Angel D. Mitchell rejected Genesh's argument that changed circumstances — including the intervenor's decision to drop her state-law claims and the COO's undisclosed medical problems — justified walking back a June 25, 2025 order granting plaintiff-intervenor L.Z. an additional four hours to depose Anthony Robinson, the company's COO.
Mitchell described Robinson as "arguably the Genesh employee with the most extensive knowledge of the facts underlying this action," noting he oversaw investigations of sexual-harassment complaints, coordinated with Genesh's outside investigator, and determined what actions Genesh took in response to the complaints and investigation results.
The deposition dispute traces to April 28, 2025, when Genesh's counsel enforced the default seven-hour limit under Federal Rule of Civil Procedure 30(d)(1), cutting off L.Z.'s counsel before she had finished questioning Robinson. The deposition had begun on April 11, with the EEOC consuming the bulk of the available time during its own examination — a scope the court found understandable given that the agency's case spans multiple claimants and six years of alleged conduct.
Mitchell was unpersuaded that L.Z.'s decision to trim her complaint changed the calculus. "Because the case still involves the same underlying facts from Robinson's perspective," the order states, "that change does not meaningfully impact the amount of time necessary for L.Z. to fairly examine Robinson."
On the medical issue, Mitchell held that Genesh had not explained what Robinson's health problems are, had not provided documentation showing he is under restrictions that would prevent him from sitting for four hours, and had not addressed why the deposition format could not be modified. L.Z. had already offered to make any accommodations Robinson might need.
The court also noted that discovery has advanced considerably since Robinson's original deposition, with additional document productions from both Genesh and its outside investigator, Jana Stuart, who reports directly to Robinson — giving L.Z. new ground to cover.
Mitchell also rejected Genesh's procedural vehicle outright. The company moved under Federal Rule of Civil Procedure 60, which applies to final judgments; a discovery order is interlocutory, making Rule 60 inapplicable. The court treated the motion as one for reconsideration under District of Kansas Local Rule 7.3 — and found it likely untimely even under that standard — but denied it on the merits anyway.
The court noted that L.Z.'s allegations appear to be, by far, the most egregious of any of the claimants.