Unveiling the truth: 48 things Hershey must produce

ClickPLAINTIFF'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS
Rakestraw v. The Hershey Company, et al. — Case No. 2:25-cv-02682-JWB-TJJ
LEGAL DISCLAIMER
This website discusses a pending lawsuit. The requests below are prepared for service upon Defendants following the Court's ruling on the pending Motion to Dismiss. These requests have not yet been served. The claims described are allegations and have not been adjudicated. This content is for informational purposes only and is not legal advice.
WHAT ARE REQUESTS FOR PRODUCTION?
Requests for Production are formal legal demands requiring the opposing party to produce documents, records, videos, emails, and other evidence relevant to the case. Under Federal Rule of Civil Procedure 34, Defendants must respond within 30 days of service. Documents withheld must be identified on a privilege log.
These 48 requests are prepared and ready to deploy the moment discovery opens.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DONNIE LEE RAKESTRAW, JR., Plaintiff,
v. Case No. 2:25-cv-02682-JWB-TJJ
THE HERSHEY COMPANY, et al., Defendants.
PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS
(Pursuant to Fed. R. Civ. P. 34)
Plaintiff Donnie Lee Rakestraw, Jr., appearing pro se, requests that Defendants produce the documents and electronically stored information described below within thirty (30) days after service of these requests, pursuant to Federal Rule of Civil Procedure 34.
DEFINITIONS
"Defendant" means The Hershey Company and its officers, agents, employees, managers, supervisors, and representatives including but not limited to Lee Timmons, Karen Powell, and Bill Maloy.
"Documents" includes all written, recorded, electronic, photographic, or digitally stored information including emails, text messages, memoranda, reports, policies, training materials, videos, and electronically stored information.
"Edgerton Facility" refers to the pretzel manufacturing facility located in Edgerton, Kansas.
TIME PERIOD
Unless otherwise specified, these requests seek documents and electronically stored information created, sent, received, or maintained between January 1, 2022 and December 31, 2025.
INSTRUCTIONS
Documents shall be produced in their native electronic format where available.
If any document is withheld on the basis of privilege, Defendant shall produce a privilege log identifying the document, date, author, recipient, and basis for the privilege claim.
These requests are continuing in nature, and if additional responsive documents are discovered they must be produced promptly.
If Defendant objects to any request, Defendant shall still produce all non-privileged responsive documents.
REQUESTS FOR PRODUCTION
Request No. 1 – Training Videos
Produce all training videos or instructional recordings used by Defendant relating to sanitation procedures, PPE donning and doffing, or production floor entry requirements at the Edgerton Facility.
Request No. 2 – Training Materials
Produce all written training materials, manuals, or instructional documents describing sanitation procedures, PPE requirements, or pre-shift preparation required before employees may access the production floor.
Request No. 3 – Safety Policies
Produce all safety policies or procedures concerning anti-fatigue mats, standing surfaces, or injury prevention for employees working on concrete floors at the Edgerton Facility.
Request No. 4 – Timekeeping Policies
Produce all documents describing Defendant's timekeeping policies including clock-in restrictions, time punch procedures, and rounding practices.
Request No. 5 – Plaintiff Time Records
Produce Plaintiff's payroll records and time punch records during his employment at the Edgerton Facility.
Request No. 6 – Rounding Policies
Produce all documents explaining or describing any rounding practices used in Defendant's timekeeping system.
Request No. 7 – Production Floor Entry Procedures
Produce all documents describing sanitation procedures required before employees may enter the production floor including hand sanitation, shoe sanitation, hair nets, beard nets, ear plugs, and smock requirements.
Request No. 8 – Sanitation Station Layout
Produce diagrams, layouts, or documents identifying the number and location of sanitation sinks or sanitation stations at the Edgerton Facility.
Request No. 9 – Anti-Fatigue Mats
Produce documents relating to the availability, distribution, or policies governing anti-fatigue mats at the Edgerton Facility.
Request No. 10 – Injury Reports
Produce incident reports, injury reports, or safety reports relating to Plaintiff's foot injury.
Request No. 11 – OSHA Records
Produce OSHA logs or safety records relating to Plaintiff's injury.
Request No. 12 – Communications Regarding Plaintiff
Produce communications involving Lee Timmons, Karen Powell, or Bill Maloy concerning Plaintiff, Plaintiff's injury, sanitation procedures, safety mats, or timekeeping practices.
Request No. 13 – Surveillance Footage
Produce security camera footage covering sanitation stations, PPE distribution areas, locker areas, or entrances to the production floor during the thirty (30) minutes before and after scheduled shift start times during Plaintiff's employment.
Request No. 14 – Security Access Logs
Produce badge swipe records or other access records showing employee entry to the production floor at the Edgerton Facility.
Request No. 15 – Medical Evaluations
Produce IME reports, medical evaluations, or communications concerning the classification or evaluation of Plaintiff's injury.
Request No. 16 – Termination Documents
Produce documents relating to Plaintiff's termination including disciplinary records and internal communications.
Request No. 17 – Complaints of Unpaid Work
Produce documents or communications concerning employee complaints regarding work performed before clocking in or after clocking out.
Request No. 18 – Wage and Hour Reviews
Produce documents relating to internal audits, reviews, or investigations concerning wage and hour practices at the Edgerton Facility.
Request No. 19 – Similarly Situated Employees
Produce documents sufficient to identify employees who worked at the Edgerton Facility and were required to complete sanitation procedures or don PPE before their recorded shift time.
Request No. 20 – Management Instructions
Produce communications or instructions from supervisors requiring employees to be prepared for production work at the start of their scheduled shift.
Request No. 21 – Wage Compliance Reviews
Produce non-privileged documents relating to internal compliance reviews or investigations concerning wage and hour practices at the Edgerton Facility.
Request No. 22 – Prior Complaints
Produce documents relating to employee complaints concerning standing surfaces, anti-fatigue mats, or foot injuries at the Edgerton Facility.
Request No. 23 – Comparator Termination Records
Produce documents relating to the termination or discipline of any employee at the Edgerton Facility who reported a workplace injury or filed a workers' compensation claim, including disciplinary records, internal communications, and termination rationale documents.
Request No. 24 – Workers' Compensation Termination Patterns
Produce documents sufficient to identify any employee at the Edgerton Facility who was terminated within 180 days of reporting a workplace injury or initiating a workers' compensation claim between January 1, 2022 and December 31, 2025.
Request No. 25 – IME Physician Communications
Produce all communications between Defendant, Defendant's counsel, or Defendant's insurance carriers and the physician who conducted the Independent Medical Examination of Plaintiff, including emails, letters, instructions, draft reports, and final reports.
Request No. 26 – IME Scope and Instructions
Produce all documents transmitted to the IME physician prior to or during his evaluation of Plaintiff, including any instructions, summaries, referral letters, or descriptions of the purpose of the examination.
Request No. 27 – Medical Report Retention and Disclosure
Produce all documents reflecting when Defendant first received, reviewed, or became aware of any medical evaluation, report, or opinion concerning Plaintiff's foot injury, and all communications concerning the decision to disclose or withhold such documents from Plaintiff or his representatives.
Request No. 28 – Internal Communications Regarding Medical Findings
Produce all internal communications between or among Lee Timmons, Karen Powell, Bill Maloy, legal counsel, or any member of Defendant's human resources or risk management departments regarding Plaintiff's medical condition, injury classification, or fitness for duty between May 2024 and December 2025.
Request No. 29 – Insurance and Claims Communications
Produce all communications between Defendant and any workers' compensation insurer or third-party claims administrator regarding Plaintiff's injury, claim, or employment status.
Request No. 30 – Labor Planning and Shift Readiness Documents
Produce all documents reflecting labor planning, staffing requirements, shift readiness expectations, or production start procedures at the Edgerton Facility, including documents identifying the time employees are expected to be present on the production floor, prepared for work, or fully compliant with sanitation and PPE requirements prior to the start of production.
Request No. 31 – ADA Accommodation Requests and Responses
Produce all documents relating to any request for reasonable accommodation made by Plaintiff, including Plaintiff's reports of injury or physical limitation, any internal communications concerning Plaintiff's fitness for duty, and any documents reflecting Defendant's response to or evaluation of Plaintiff's condition or limitations.
Request No. 32 – Disability-Related Communications
Produce all documents or communications in which any Defendant employee, supervisor, manager, or human resources representative discussed Plaintiff's physical condition, injury, medical status, or ability to perform his job duties, including communications concerning whether Plaintiff was regarded as having a physical impairment.
Request No. 33 – IME Physician Retention History
Produce all documents reflecting any prior or ongoing business relationship between Defendant, Defendant's counsel, or Defendant's workers' compensation insurer and the physician who conducted Plaintiff's Independent Medical Examination, including retention agreements, prior referrals, prior reports, invoices, and payment records.
Request No. 34 – Employee Handbook and Onboarding Materials
Produce all versions of the employee handbook, onboarding materials, orientation documents, or new hire packets provided to employees at the Edgerton Facility between January 1, 2022 and December 31, 2025, including any documents describing pre-shift requirements, timekeeping procedures, or compensation policies.
Request No. 35 – Plaintiff's Complete Personnel File
Produce the complete personnel file maintained by Defendant for Plaintiff, including performance evaluations, attendance records, supervisor notes, disciplinary records, onboarding documents, and any other documents created or maintained in connection with Plaintiff's employment.
Request No. 36 – DOL Complaints and Investigations
Produce all documents relating to any complaint, investigation, audit, or inquiry by the United States Department of Labor or any state labor agency concerning wage and hour practices, unpaid work time, or timekeeping practices at the Edgerton Facility.
Request No. 37 – Supervisor Text Messages and Informal Communications
Produce all text messages, messaging application communications, group chat communications, or other informal electronic communications sent or received by any supervisor, manager, or lead employee at the Edgerton Facility concerning employee preparation, sanitation procedures, PPE requirements, production floor readiness, or the time at which employees were expected to be present and prepared prior to the start of scheduled shifts.
Request No. 38 – Production Startup Checklists
Produce all production startup checklists, supervisor shift checklists, sanitation readiness checklists, or similar documents used at the Edgerton Facility that identify tasks required to be completed prior to the start of production, including any documents indicating when employees must complete sanitation procedures or don required PPE before beginning work on the production floor.
Request No. 39 – Sanitation Area Badge Records, Floor Entry Records, and Time Clock Correlation
Produce all badge swipe records, access control logs, or electronic entry records reflecting employee entry into the sanitation area and subsequent entry onto the production floor at the Edgerton Facility, including the date and timestamp of each access event for all employees during the period of Plaintiff's employment. For each employee, produce corresponding time clock records, payroll records, and clock-in timestamps sufficient to allow comparison of the time each employee badged into the sanitation area, the time each employee badged onto the production floor, and the time each employee's compensated shift was recorded as beginning, including all instances where an employee badged into the sanitation area before or after their recorded clock-in time.
Request No. 40 – IME Invoice and Payment Records
Produce all invoices, billing statements, payment records, checks, wire transfers, electronic payment confirmations, or other documents reflecting the date on which Defendant or Defendant's counsel, insurer, or third-party administrator paid or tendered payment to the physician or entity that conducted the Independent Medical Examination of Plaintiff, including all communications concerning any delay in payment, unpaid balance, or dispute regarding the IME invoice.
Request No. 41 – Prior Referrals of Plaintiff to IME Physician and Pattern of Employee Referrals
Produce all documents reflecting any prior referral of Plaintiff to the physician who conducted the Independent Medical Examination, including referral authorizations, appointment records, visit summaries, medical reports, invoices, and payment records generated in connection with each prior visit, and all communications between Defendant, Defendant's counsel, Defendant's insurer, or any third-party administrator and that physician occurring before, during, or after any prior examination of Plaintiff, sufficient to establish the full history of the relationship between Defendant and that physician prior to the IME. In addition, produce documents sufficient to identify the total number of employees at the Edgerton Facility who were referred to the same physician for any medical evaluation, examination, or IME between January 1, 2022 and December 31, 2025, including the date of each referral and the purpose of each examination.
Request No. 42 – Military Leave and USERRA Compliance Records
Produce all documents relating to the compensation, benefits, or pay practices applied to any employee at the Edgerton Facility who took military leave or was absent for uniformed service between January 1, 2020 and December 31, 2025, including any complaints, grievances, demands, or claims made by or on behalf of such employees regarding unpaid wages or benefits during or following military service, and all documents reflecting the resolution of any such complaint or claim.
Request No. 43 – Unequal Compensation Upon Return from Injury Leave
Produce all documents reflecting the compensation, pay rate, and job classification assigned to any employee at the Edgerton Facility upon returning to work following a workplace injury or workers' compensation related absence, and all documents sufficient to compare that employee's compensation to other employees performing the same or substantially similar job duties at the time of their return, including any documents reflecting complaints, grievances, or resignations related to compensation disparities following return from injury leave, for the period January 1, 2020 through December 31, 2025.
Request No. 44 – Communications Concerning IME Report Release
Produce all communications between Defendant, Defendant's counsel, Defendant's insurer, or any third-party administrator and the physician who conducted Plaintiff's Independent Medical Examination or that physician's office staff concerning the release, withholding, or delivery of Plaintiff's IME report, including all communications occurring on or around the date Plaintiff appeared at the physician's office and obtained his report, and all documents reflecting any instruction, authorization, or direction given to that office regarding whether and when to release Plaintiff's report.
Request No. 45 – Training Participation and Sign-Off Records
Produce all training participation records, sign-off sheets, acknowledgment forms, or attendance records reflecting which employees and supervisors at the Edgerton Facility completed any training video, safety training, or instructional program, including the date of completion and the identity of each participant, for the period January 1, 2022 through December 31, 2025.
Request No. 46 – Training Test Completion and Assessment Records
Produce all records reflecting employee and supervisor completion of post-training assessments, tests, quizzes, or evaluations administered following any training video or safety program at the Edgerton Facility, including individual scores, completion dates, and any records identifying employees or supervisors who did not complete required assessments, for the period January 1, 2022 through December 31, 2025.
Request No. 47 – Training Assessment Metadata and Session Records
Produce all metadata associated with employee and supervisor completion of online training videos and post-training assessments at the Edgerton Facility, including but not limited to the date and time each training session was initiated and terminated, the total duration of each session, the IP address or device identifier from which each session was accessed, and any system-generated records reflecting whether each video was played in full or advanced without viewing, for the period January 1, 2022 through December 31, 2025.
Request No. 48 – Company-Wide Safety Training Completion and Audit Records
Produce all documents and electronically stored information sufficient to show completion, participation, and audit data for all training modules relating to workplace safety, injury reporting, accommodation obligations, and/or ADA compliance for all managers, supervisors, and individuals with responsibility over employee work assignments, safety decisions, or accommodation determinations at Plaintiff's work location and any other facilities within the same operational district or reporting structure during the period January 1, 2022 through December 31, 2025.
This request includes, but is not limited to:
(a) Learning Management System (LMS) records reflecting training completion status;
(b) Metadata showing user logins, timestamps, duration of access, and quiz or assessment results;
(c) Records identifying assigned versus completed training modules;
(d) Policies, procedures, or requirements governing such training; and
(e) Any internal audits, reports, or summaries reflecting compliance or non-compliance with such training requirements.
This request is limited to individuals holding managerial or supervisory roles with responsibility for safety, injury reporting, or accommodation decisions.