Walker et al v. Performance Contracting, Inc. et al

Filing 28

ORDER After Informal Conference re: Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD GLENN WALKER, RAY
STEWART, and FOSTER BROWN,

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Plaintiffs,
v.
PERFORMANCE CONTRACTING, INC.,
and VANCE MANNING,
Defendants.

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) Case No.: 1:15-cv-01206 - JLT
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) ORDER AFTER INFORMAL CONFERENCE RE:
) DISCOVERY DISPUTE
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Defendants have issued subpoenas to various past and subsequent employers for the plaintiffs.

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The categories of documents sought are overbroad in some respects and Plaintiffs object. On May 11,

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2016, the Court held an informal telephonic conference to attempt to resolve the issue.

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At the conference, counsel agreed that the records would be produced to the Court for

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an in camera review during which the Court while keeping in mind Defendant’s stated purpose for

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obtaining them but will likewise consider the allowable bases for discovery. Thus, the Court

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ORDERS:

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1.

As soon as possible, but no later than May 13, 2016, counsel SHALL submit a letter to

the deposition officer and the recipients of the subpoenas, requiring the records to be gathered and

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produced to the Court1. The records are to be produced to the Court as follows:
United States Magistrate Judge Jennifer L. Thurston
United States Courthouse
510 19th Street, Suite 200
Bakersfield, CA 93301

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2.

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In the event the Court finds records that should be disclosed, it will issue an order

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describing the records generally and identifying them by Bates number. It will give Plaintiffs a

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deadline by which they will indicate whether they continue to object to the production of the records.

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If they do, the Court will decide whether a further informal conference would be fruitful or, instead,

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whether the Court will authorize defendants to proceed with a motion to compel without further

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telephonic conference. In the event the Court finds no records that should be disclosed, the Court will

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issue an order broadly outlining its findings and indicating that the subpoenas should be quashed.

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IT IS SO ORDERED.

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Dated:

May 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Plaintiffs may choose to have a copy of the records produced to their counsel at the same time—at their expense.

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