Flores v. ADT LLC

Filing 20

ORDER AFTER MID-DISCOVERY STATUS CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 11/22/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDHER FLORES, et al.,

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Plaintiffs,

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v.

Case No.: 1:16-cv-00029 AWI JLT
ORDER AFTER MID-DISCOVERY STATUS
CONFERENCE

ADT LLC,
Defendant.

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On November 22, 2016, the Court conducted the mid-discovery status conference. At the

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conference counsel agreed that by the end of next week, the defendant will produce all electronic

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time records for all employees in California held by it or within its control. In addition, by the end

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of next week, the defendant will produce a random sample—previously selected by the plaintiff—of

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electronic payroll records and GPS records for all employees in California. Likewise, the defendant

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will confirm as soon as possible that it will produce deponents on December 5, 2016, in response to

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the Fed.R.Civ.P. 30(b)(6) notice served by the plaintiff. Finally, by the end of next week, counsel

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will confirm the plaintiff’s availability for deposition within the next few weeks.

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Though counsel requested additional time to file the motion for class certification, the Court

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refused to entertain this request at this time based upon the lack of showing of good cause (See the

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Court’s order dated 8/3/16 (Doc. 13). However, the Court will entertain a stipulation to extend the

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deadline in the future, if counsel demonstrate they acted diligently to complete the discovery noted
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here and whatever other discovery remains outstanding. Thus, the Court ORDERS:
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No later than December 2, 2016, the defendant SHALL produce to the plaintiff the

electronic time records within its control for all employees in California;
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No later than December 2, 2016, the defendant SHALL produce to the plaintiff a

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random sample taken from all employees in California (previously selected by the plaintiff) of

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electronic payroll records within its control;

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3.

No later than December 2, 2016, the defendant SHALL produce to the plaintiff a

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random sample taken from all employees in California (previously selected by the plaintiff) of

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electronic GPS records within its control;

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4.

Immediately, but no later than December 1, 2016, the defendant SHALL notify

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counsel for the plaintiff of whether it will produce deponents responsive to the deposition notice

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issued under Fed. R. Civ.P. 30(b)(6). Failure to produce the deponents without a legally sufficient

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basis, will justify the plaintiff filing an immediate motion to compel. Plaintiff is relieved from any

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further duty to meet and confer related to this discovery;

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5.

Immediately, but no later than December 1, 2016, the plaintiff SHALL notify

counsel for the plaintiff on available dates for deposition within the next few weeks;
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At this time, the request to amend the case schedule is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

November 22, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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