Carlin et al v. DairyAmerica, Inc. et al

Filing 542

ORDER following discovery dispute conference and granting plaintiffs' Motion to Compel, document 532 , with the following parameters: 1) a. The production shall be limited to records concerning Non-Fat Dairy Milk or Skim Milk Powder from the date range of the class period, January 1, 2002, through April 30, 2007; and b. The production need not include accounts payable or payroll records; 2) DairyAmerica's objection to the deposition of Henry Heerlyn is moot based on agreement among the parties; 3) California Dairies' objection to the number of depositions sought by Plaintiffs as not proportional to the needs of the case is overruled; 4) California Dairies' objections to the depositions of Jim Gomes and Christine Edwa rds are moot based on agreement among the parties; 5) California Dairies' objection to the deposition of Duane Matheron is overruled; 6) California Dairies' objection to the deposition of Alma Moroni DeBruin is overruled; 7) Plaintiffs 9; objection to the depositions of the named Plaintiffs is sustained, in part, as follows: the depositions shall be limited to a time limit of four hours per named Plaintiff; and 8) Plaintiffs' objection to the depositions of the former Third-Party Plaintiffs is sustained. Order signed by Magistrate Judge Erica P. Grosjean on 1/26/2018. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.

ORDER FOLLOWING DISCOVERY
DISPUTE CONFERENCE

DAIRYAMERICA, INC., and CALIFORNIA
DAIRIES, INC.
Defendants

(ECF No. 532)

Case No. 1:09-cv-00430-AWI-EPG

ORDER GRANTING MOTION TO
COMPEL

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On January 16, 2018, Plaintiffs Gerald Carlin, John Rahm, Paul Rozwadowski, and

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Diana Wolfe (“Plaintiffs”), Defendant DairyAmerica, Inc. (“DairyAmerica”), and Defendant

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California Dairies, Inc. (“California Dairies”) (collectively, the “Parties”) submitted objections

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on the record to their respective opposing parties’ proposed list of deponents. (ECF Nos. 527-

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29). Responses were filed on January 22, 2018. (ECF Nos. 534-35, 537.)

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On January 18, 2018, Plaintiffs filed a Motion to Compel production of Navision

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Database in Native Format. (ECF No. 532.) DairyAmerica filed a response in opposition to the

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motion on January 22, 2018. (ECF No. 536.)

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On January 26, 2018, the Court held discovery dispute conference and motion to compel

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hearing. (ECF No. 539.) The Court issued specific rulings on the record, which are summarized

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as follows:

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1.

Plaintiff’s motion to compel (ECF No. 532) is GRANTED with the following

parameters:

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a. The production shall be limited to records concerning Non-Fat Dairy Milk or

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Skim Milk Powder from the date range of the class period, January 1, 2002

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through April 30, 2007; and

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b. The production need not include accounts payable or payroll records.
2.

DairyAmerica’s objection to the deposition of Henry Heerlyn is moot based on

agreement among the parties;
3.

California Dairies’ objection to the number of depositions sought by Plaintiffs as

not proportional to the needs of the case is overruled;
4.

California Dairies’ objections to the depositions of Jim Gomes and Christine

Edwards are moot based on agreement among the parties;

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5.

California Dairies’ objection to the deposition of Duane Matheron is overruled;

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6.

California Dairies’ objection to the deposition of Alma Moroni DeBruin is

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overruled;
7.

Plaintiffs’ objection to the depositions of the named Plaintiffs is sustained, in part,

as follows: the depositions shall be limited to a time limit of four hours per named Plaintiff;

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8.

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Plaintiffs’ objection to the depositions of the former Third-Party Plaintiffs is

sustained.

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IT IS SO ORDERED.
Dated:

January 26, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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