Engdahl v. Menard, Inc.

Office: (402) 965-0652 | Email: contact@horganlawfirm.com | 13304 West Center Rd., Ste. 109, Omaha, NE 68144
November 4, 2025
VIA EMAIL:
The Honorable Ryan C. Carson
United States Magistrate Judge
carson@ned.uscourts.gov
111 South 18th Plaza, Suite 2271
Omaha, NE 68102
Dear Judge Carson,
Plaintiff respectfully thanks the Court for its time, attention, and consideration in reviewing
this matter. Plaintiff’s position on the discovery dispute is as follows:
Plaintiff seeks to reopen discovery for the limited purpose of issuing a subpoena to Gallagher
Bassett, 	Defendant’s 	third-party 	claims 	administrator. 	After 	the 	close 	of 	discovery,
Defendant introduced new evidence and arguments at the summary judgment stage,
including service instructions, a declaration and assertions that no agency relationship exists
between Menard, Inc. and Gallagher Bassett. These issues and documents were never
disclosed during discovery and bear directly on liability. Defendant’s reliance on previously
withheld information fundamentally changes the factual landscape and prejudices Plaintiff’s
ability to respond.
Throughout 	discovery, 	Plaintiff 	requested 	documents 	and 	communications 	regarding
Defendant’s relationship and coordination with Gallagher Bassett. Defendant objected,
claiming those materials were privileged and refusing production. Now, however, Defendant
seeks to use that same information to its own advantage, asserting positions and evidence
that depend on the very materials it previously shielded from disclosure. This inconsistency
is improper and undermines the fairness and integrity of the discovery process.
Plaintiff has diligently complied with all discovery deadlines and could not have anticipated
Defendant’s post-discovery shift in position. Good cause exists under Rules 16(b)(4) and 56(d)
to reopen discovery for this limited and targeted purpose. The requested subpoena is
narrowly tailored to obtain only those materials necessary to address the newly raised agency
issue. Reopening discovery is the only equitable remedy to prevent Defendant from
benefitting from its selective disclosure and to ensure a complete and fair record before the
Court.
Our Client:
Re:
Case No.:
Our Case No.:
Mary Kay Engdahl
Engdahl v. Menard, Inc.
FY
01427
8:24-cv-00115-JFB-RCC Doc # 101 Filed: 11/24/25 Page 1 of 2 - Page ID #
<pageID>

2
Disputed Requests:
Request for Production of Documents Number 22: Produce all correspondence with insurance
companies, legal counsel, or third parties regarding the Incident, including claims filed,
coverage determinations, and related communications.
Proposed Subpoena to Gallagher Bassett: 1. All communications (written, electronic, or
otherwise recorded) between Gallagher Bassett and Menard, Inc., or its insurer, concerning
the handling of Mary Kay Engdahl’s claim, including but not limited to correspondences,
emails, memoranda, documented interactions, and transmissions. 2. All documents reflecting
Menard’s role in directing, controlling, supervising, or overseeing Gallagher Bassett’s
handling of Mary Kay Engdahl’s claim, including but not limited to contracts, agreements,
policies, guidelines, claims handling manuals, or instructions. 	3. The complete claim file
relating to Mary Kay Engdahl’s claim with Manard, Inc., including but not limited to
applications, notices of claim, proof-of-loss forms, claim intake materials, internal notes,
investigation reports, witness statements, adjuster notes, evaluations and supporting
documentation. 	4. 	All 	internal 	Gallagher 	Bassett 	communications 	(emails, 	notes,
memoranda, or other documents) concerning the handling of Mary Kay Engdahl’s claim,
including any discussion of Menard’s role in or influence over the claim. 5. All billing records,
invoices, contracts, and payment records reflecting how Gallagher Bassett was retained,
compensated, or reimbursed in connection with Mary Kay Engdahl’s claim.
Very truly yours,
Grace M Wiseman
HORGAN LAW, LLC
For the firm
8:24-cv-00115-JFB-RCC Doc # 101 Filed: 11/24/25 Page 2 of 2 - Page ID #
<pageID>