Hale et al v. Ensign United States Drilling (California) Inc. et al
Filing
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ORDER AFTER FURTHER STATUS CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 10/12/2016. Further Status Conference set for 12/5/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STEPHEN HALE, et al.,
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Plaintiffs,
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Case No.: 1:15-CV-01042 DAD JLT
ORDER AFTER FURTHER STATUS
CONFERENCE
v.
ENSIGN UNITED STATES DRILLING
(CALIFORNIA) Inc., et al.,
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Defendants.
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The Court held a status conference on October 12, 2016. In advance of the conference, the
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parties submitted a lengthy joint statement setting forth disputes over certain requests for further
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production documents. (Doc. 50) After reviewing the joint statement and considering the
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arguments of counsel, the Court finds that the bulk of the remaining requests do not address the
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limited issues raised in the pending motion for summary judgment. In particular, the Court
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disagrees that the overall conduct of the defendant related to its operations, its hiring and firing
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decisions, its decisions related to decreases in demand bear on whether the named plaintiffs were
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entitled to the protections of the WARN or Cal-WARN Acts. See, e.g., Meson v. GATX Tech.
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Servs. Corp., 507 F.3d 803 (4th Cir. 2007). Indeed, the Court has not and does not here preclude
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further discovery on a class-wide basis at the appropriate time. However, the class discovery will
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proceed after the discovery related to the issues raised in the pending motion has been completed
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and the motion decided. Therefore, the Court ORDERS:
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1.
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The defendants SHALL produce their amended privilege log addressing any
deficiency that currently exists in that document, no later than October 14, 2016;
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As to requests for production numbers 3 through 9, no later than October 24, 2016, the
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defendants SHALL produce any communications not previously produced, between Ensign and their
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clients at Rigs 606 and 609, (as described on page 27, lines 20-22 of the parties’ joint statement) or a
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statement certifying that no further documents exist;
3.
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As to requests for production numbers 3 through 9, the defendants SHALL produce all
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e-mails concerning Rigs 606 and 609 that were not sent to or received from personnel at Rigs 606 or
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609 (as described generally on page 28, lines 9-11 of the parties’ joint statement but expanded by the
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Court at the hearing to include hiring, firing layoff or other topics encompassed by the motion) or a
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statement certifying that no such documents exist, no later than November 11, 2016. The Court
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expects all reasonable efforts to be taken to ensure one of these actions is completed by the deadline.
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However, if one of these events has not occurred, no later than November 11, 2016, the defendants
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SHALL produce a written explanation to the plaintiffs’ counsel and filed with the Court as to what
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action will occur and when it will occur.
4.
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As to requests for production numbers 11 through 13, no later than October 24, 2016,
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the defendants SHALL produce the organization chart (as described on page 31 lines 25-26 of the
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parties’ joint statement) and any other documents not previously produced or a statement certifying
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that no further documents exist, that demonstrate the day-to-day control of the employees of Rigs 606
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and 609;
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5.
As to requests for production numbers 131 through 14, no later than October 24, 2016,
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the defendants SHALL produce all documents relating to lodging and transportation expenditures for
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Rigs 606 and 609 (as described on page 33 lines 12-13 of the parties’ joint statement);
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As to requests for production number 23, no later than October 24, 2016, the
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defendants SHALL produce all documents, which also includes any relevant company policies,
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relating to the location where the interviews occurred, where reviews of employees occurred, where
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The joint reports references two production requests numbered “13.” (Doc. 50 at 32 and 33) The Court adopts the
same numbering here.
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new-hire drug testing occurred and where training occurred for employees of Rigs 606 and 609;
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Defendants SHALL produce any policies related to practices of billing Ensign’s
customers;
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Counsel SHALL file a joint report no later than December 1, 2016, setting forth the
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current status of the matter and, as appropriate, a further schedule for completing this phase of
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discovery and a further briefing schedule for the pending dispositive motion;
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The Court sets a further status conference on December 5, 2016 at 8:30 a.m. Counsel
may appear by telephone via the CourtCall service;
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IT IS SO ORDERED.
Dated:
October 12, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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