Brewer v. Salyer

Filing 159

STIPULATION and ORDER REGARDING THE TRUSTEE'S PRODUCTION OF EMPLOYEE LIST. Order signed by Magistrate Judge Dennis L. Beck on 3/1/2010. (Hernandez, M)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Nicholas J.P. Wagner Law Office of Wagner & Jones 1111 E. Herndon Suite 317 Fresno, CA 93704 (559) 449-1800 Howard W. Foster, pro hac vice counsel Foster P.C. 55 West Wacker Drive, 14th Floor Chicago, IL 60601 (312) 726-1600 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ROBIN BREWER, individually and on behalf ) ) 1:06-cv-01324-AWI-DLB of all others similarly situated, ) ) Plaintiff, ) STIPULATION REGARDING THE ) vs. TRUSTEE'S PRODUCTION OF ) EMPLOYEE LIST ) SCOTT SALYER ) ) Defendant. STIPULATION REGARDING THE TRUSTEE'S PRODUCTION OF EMPLOYEE LIST Plaintiffs Robin Brewer ("Plaintiffs"), on behalf of himself and all those similarly situated, Defendant Scott Salyer ("Defendant" or "Salyer"), and non party Court appointed Chapter 11 Trustee of SK Foods LP ("Trustee" or "SK Foods"), by undersigned counsel, hereby enter into the following stipulation regarding the Trustee's production of an employee list: 1 1 "The parties" hereafter will refer to Plaintiffs, Defendant and SK Foods. -1 1 2 3 4 5 6 7 8 1. On February 22, 2010, the Court entered an order compelling the Trustee to produce an employee list to Plaintiffs for purposes of allowing Plaintiffs to send out class notice to the certified class. See Court Doc. 157. 2. Plaintiffs have requested the following list (in excel format): The name, social security number, and address of every seasonal, hourly paid worker from September 22, 2002 through July 21, 2009 (which is the certified class period). 3. Pursuant to the Court Order and Plaintiffs' request, and subject to the stipulation below, the Trustee agrees to produce a list in excel format containing information on approximately 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4000 former and current (as of April 14, 2009) SK Foods employees (the "List"). The List was originally prepared in advance of SK Foods bankruptcy proceedings. 4. The Trustee makes no representation as to the completeness of the List but believes it to be comprehensive of SK Foods' records as of April 14, 2009. The Trustee cannot guarantee that the List exclusively contains SK Foods employees; it may include employees of other Salyerrelated entities. However, the Trustee will instruct the person most knowledgeable to review the list prior to production and endeavor to remove any employees known not be SK Foods employees. Further, the Trustee represents the List may be overbroad in that it contains information on all employees and is not limited to "seasonal, hourly paid worker[s]". Further, the List may not contain all the information requested for each employee on the List. 5. The Trustee represents that this is the most accurate and practicable list available to him under the circumstances that would satisfy the Court's order and Plaintiffs' request. 6. Salyer makes no representation about the accuracy of the List. 7. WHEREFORE, the parties stipulate and agree that the Trustee's production of the List to the parties is not a waiver by the Trustee of any applicable privilege, nor may the production be -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 deemed a violation of Salyer's or the Salyer affiliated entities, which include, inter alia, all of the non-debtors who are parties to that certain pending bankruptcy appeal in the United States District Court for the Eastern District of California, Sacramento Division, rights or privileges. Dated: March 1, 2010 Respectfully submitted, /s/Howard W. Foster Howard W. Foster, pro hac vice counsel Matthew A. Galin, pro hac vice counsel Foster P.C. 55 West Wacker Drive, 14th Floor Chicago, Illinois 60601 (312) 726-1600 Nicholas J.P. Wagner Law Office of Wagner & Jones 1111 E. Herndon Suite 317 Fresno, CA 93704 (559) 449-1800 Michael Goldberg The Goldberg Law Firm 925 N. St., Suite 130 Fresno, CA 93721 Counsel for Plaintiff, Robin Brewer Dated: March 1, 2010 Respectfully submitted, /s/Malcolm Segal Malcolm Segal James Mayo Segal & Kirby, LLP 770 L Street, Suite 1440 Sacramento, Ca 95814 Counsel for Defendant, Scott Salyer -3 1 2 3 4 5 6 7 8 9 Dated: March 1, 2010 Respectfully submitted, /s/Gregory C. Nuti Schnader Harrison Segal & Lewis LLP One Montgomery Street, Suite 2200 San Francisco, California 94104 (415) 364-6700 Counsel for Trustee of SK Foods IT IS SO ORDERED. Dated: March 1, 2010 DEAC_Signa tur e -EN D: /s/ Dennis 3b142a L. Beck UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?