In Fitch v. BNSF Ry. Co., North Dakota Magistrate Judge Clare R. Hochhalter stated she would order the plaintiff to “produce the hiking data available to her through her onX account, albeit after the parties submit an appropriate proposed protective order to the court.” She rejected the defendant’s request for expenses in bringing the motion to compel, stating: “the court agrees with Fitch that her objection was substantially justified under Rule 37(a)(5)(A)(ii).”
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