Topete, et al. v. Ramos Furniture

Filing 114

ORDER GRANTING plaintiffs' Motion to Compel Further Discovery Responses. Order signed by Magistrate Judge Erica P. Grosjean on 6/6/2017. (Rooney, M)

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WAGNER, JONES, KOPFMAN,
& ARTENIAN LLP
Daniel M. Kopfman #192191
Laura E. Brown #306035
1111 E. Herndon Avenue, Suite 317
Fresno, California 93720
Office: [phone]
Fax: [phone]

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Attorneys for Plaintiffs MARISOL TOPETE and ROSALBA MALDONADO
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARISOL TOPETE and ROSALBA
MALDONADO,

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Plaintiffs,

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Case No.: 1:16-CV-00271 EPG
ORDER GRANTING PLAINTIFFS’
MOTION TO COMPEL FURTHER
DISCOVERY RESPONSES

vs.
RAMOS FURNITURE; DIMAS MANUEL,
INC.; FURNITURE DEALS, INC.;
and DOES 1-100, inclusive,
Defendants.

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The hearing on Plaintiffs MARISOL TOPETE and ROSALBA MALDONADO’s

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Motion to Compel Further Discovery Responses from Defendant RAMOS FURNITURE in Case

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No. 16CV00271 was heard regularly on Thursday, May 19, 2017 at 10:00 a.m. before the

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Honorable Erica P. Grosjean, presiding.

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Plaintiffs were represented by Daniel M. Kopfman of WAGNER JONES KOPFMAN &

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ARTENIAN LLP, 1111 E. Herndon Avenue, Suite 317, Fresno, California 93720. Defendant

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FURNITURE DEALS, INC. dba RAMOS FURNITURE (“RAMOS FURNITURE”) was

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represented by Paul J. Bauer of SAGASER WATKINS & WIELAND PC, 750 N. Palm Avenue,

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Suite 100, Fresno, California 93711.

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Having considered the documents filed and arguments made regarding Plaintiffs’ motion,

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this Court finds good cause to GRANT Plaintiffs’ request for an order compelling further

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discovery responses from RAMOS FURNITURE.

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Plaintiffs’ motion being GRANTED, Defendant RAMOS FURNITURE is ordered to

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serve further written responses and to produce responsive documents within 30 days of this

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order, as follows:

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1.
In response to Plaintiffs’ Interrogatory No. 1, Defendant must serve a
complete list of all individuals (including names, addresses, and telephone
numbers) who worked for Ramos Furniture at any time during the proposed class
period of 2011 through 2016, and who were not paid as required by California
law;
2.
In response to Plaintiffs’ Interrogatory No. 2, Defendant must serve a
complete list of all individuals (including names, addresses, and telephone
numbers) employed by Defendant DIMAS MANUEL, INC. at any time during
the proposed class period of 2011 through 2016;
3.
In response to Plaintiffs’ Request for Production Nos. 73, 74, 77, & 78
regarding the Ramos Furniture store located at 5060 N. Blackstone Avenue,
Fresno, California 93710 (“Blackstone” location), Defendant must serve further
written responses and produce all documents regarding (i) the number of persons
employed at the Blackstone location; (ii) the legal entity or entities who have
employed individuals at the Blackstone location; (iii) the time worked by each
person employed at the Blackstone location; and (iv) the hours worked and wages
paid to each person employed at the Blackstone location.
4.
In response to Plaintiffs’ Request for Production Nos. 79, 80, 83, & 84
regarding the Ramos Furniture store located at 4415 W. Shaw Avenue, Fresno,
California 93710 (“Shaw” location), Defendant must serve further written
responses and produce all documents regarding (i) the number of persons
employed at the Shaw location; (ii) the legal entity or entities who have employed
individuals at the Shaw location; (iii) the time worked by each person employed
at the Shaw location; and (iv) the hours worked and wages paid to each person
employed at the Shaw location.
5.
In response to Plaintiffs’ Request for Production Nos. 85, 86, 89, & 90
regarding the Ramos Furniture store located at 1610 Howard Road, Madera,

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California 93637 (“Madera” location), Defendant must serve further written
responses and produce all documents regarding (i) the number of persons
employed at the Madera location; (ii) the legal entity or entities who have
employed individuals at the Madera location; (iii) the time worked by each person
employed at the Madera location; and (iv) the hours worked and wages paid to
each person employed at the Madera location.

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6.
In response to Plaintiffs’ Request for Production Nos. 91, 92, 95, & 96
regarding the Ramos Furniture store located at 384 W. Ashlan Avenue, Clovis,
California 93612 (“Clovis” location), Defendant must serve further written
responses and produce all documents regarding (i) the number of persons
employed at the Clovis location; (ii) the legal entity or entities who have
employed individuals at the Clovis location; (iii) the time worked by each person
employed at the Clovis location; and (iv) the hours worked and wages paid to
each person employed at the Clovis location.

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7.
In response to Plaintiffs’ Request for Production Nos. 97, 98, 101, &
102 regarding Ramos Furniture stores located throughout the State of California,
Defendant must serve further written responses and produce all documents
regarding (i) the number of persons employed at such locations; (ii) the legal
entity or entities who have employed individuals at such locations; (iii) the time
worked by each person employed at such locations; and (iv) the hours worked and
wages paid to each person employed at such locations.

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8.
In response to Plaintiffs’ Request for Production No. 103, Defendant
must serve further written response and produce all documents, electronically
stored information, and tangible things that it may use to support any of its claims
or defenses.

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9.
In response to Plaintiffs’ Request for Production No. 104, Defendant
must produce all documents signed by Plaintiff MARISOL TOPETE at any time
during her employment with Ramos Furniture.

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10.
In response to Plaintiffs’ Request for Production No. 106, Defendant
must produce Plaintiff MARISOL TOPETE’s personnel file.

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11.
In response to Plaintiffs’ Request for Production No. 108, Defendant
must serve further written response and produce all documents regarding Plaintiff
MARISOL TOPETE’s exemption from overtime wages while employed at
Ramos Furniture.

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12.
In response to Plaintiffs’ Request for Production No. 110, Defendant
must serve further written response and produce all documents regarding Plaintiff
MARISOL TOPETE’s employment as an independent contractor while working
for Ramos Furniture.
13.
In response to Plaintiffs’ Request for Production No. 112, Defendant
must serve further written responses and produce all documents and tangible
things supporting each of its affirmative defenses.
14.
In response to Plaintiffs’ Request for Production No. 117, Defendant
must serve further written responses and produce all documents and tangible
things regarding its communications with any of its employees regarding salary,
compensation, or overtime.

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15.
In response to Plaintiffs’ Request for Production No. bb-110, Defendant
must serve further written responses and produce all documents supporting each
of its responses to Plaintiffs’ Requests for Admission (Set One).

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If Defendant fails to serve the responses and documents as directed within 30 days of this

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Order, Plaintiffs are granted leave to move for any and all sanctions, under Rule 37 or otherwise,

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without further order of this Court.

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IT IS SO ORDERED.

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Dated:
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June 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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