Rodriguez, et al. v. Danell Custom Harvesting, LLC, et al.

Filing 24

ORDER RE STIPULATION CONCERNING DISCOVERY, STAY OF THE ACTION, AND MEDIATION signed by Magistrate Judge Stanley A. Boone on 6/9/2017. IT IS HEREBY ORDERED that subject to the conditions set forth in this Order, this matter is STAYED until October 16, 2017. The parties shall advise the Court as to the status of this matter by filing a joint status report on or before October 12, 2017. If the matter is resolved, the parties shall file a notice of settlement. (Thorp, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO RODRIGUEZ, et al., Plaintiffs, 12 13 14 Case No. 1:16-cv-01848-SAB ORDER RE STIPULATION CONCERNING DISCOVERY, STAY OF THE ACTION, AND MEDIATION v. DANELL CUSTOM HARVESTING, LLC, et al., (ECF Nos. 20, 23) 15 Defendants. 16 17 The parties to this action filed a Stipulation Concerning Discovery, Say of the Action, 18 and Mediation (“Stipulation”) on May 25, 2017, and a Supplemental Stipulation Concerning 19 Discovery, Stay of the Action, and Mediation (“Supplemental Stipulation”) on June 7, 2017. 20 (ECF Nos. 20, 23.) 21 According to the Stipulation, the parties have scheduled a private mediation for 22 September 14, 2017. To facilitate the mediation and to reduce legal expenses pending the 23 mediation, the parties, subject to the terms and conditions of this Order, jointly move for an order 24 requiring (1) an agreed-upon method of giving notice to the proposed class prior to disclosure of 25 the documents and information; (2) certain restrictions on Defendants’ ability to communicate, 26 directly or indirectly, with members of the proposed class concerning the release or settlement of 27 any claim alleged in the Complaint pending the outcome of the mediation; and (3) a stay of all 28 other litigation in this case, including but not limited to discovery. The Court notes that the 1 1 stipulated protective order was entered in a separate order by the Court. (ECF No. 21.) 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Subject to the conditions set forth in this Order, this matter is STAYED until 4 October 16, 2017. The parties shall advise the Court as to the status of this 5 matter by filing a joint status report on or before October 12, 2017. If the matter 6 is resolved, the parties shall file a notice of settlement. 7 2. The form of notice to the putative class proposed by the parties and attached as 8 Exhibit B to the Stipulation (“Notice”) (ECF No. 20 at 24-27) is hereby 9 APPROVED on the basis that it will be in both English and a Spanish translation. 10 The Court finds that the form and method of notice proposed by the parties and 11 set forth in this Order will provide reasonable notice to the members of the 12 putative class regarding their potential privacy rights in the production of 13 documents and other information required by this Order, and a reasonable 14 opportunity to opt-out of disclosure of the information pursuant to this Order. 15 3. KCC Class Action Services, LLC (“KCC”) is authorized to implement the notice 16 process set forth below. Except as provided herein, KCC is to maintain the 17 identity and contact information of all individuals provided to them and not 18 disclose it to anyone except upon further order of the Court. The parties are to 19 share equally (50/50) the costs charged by KCC. 20 4. As soon as possible, but no later than ten (10) calendar days of the date of this 21 Order, KCC will be sent by Defendants a complete list of the individuals with 22 contact information comprising the putative class. Within five (5) calendar days 23 thereafter, KCC will send, by first class U.S. mail, postage prepaid, a copy of the 24 Notice to all persons on the list provided by Defendants. 25 5. As part of its duties, KCC shall take all steps as are reasonably necessary to 26 ensure the individuals receive the Notice, including conducting a National Change 27 of Address search before mailing the notice and conduct address searches on all 28 returned, undelivered mail and re-mailing the notices for whom further addresses 2 are found. 1 2 6. KCC shall make available a toll-free telephone number for individuals to contact 3 them if they have any questions regarding the Notice. Without disclosing the 4 identity of the individual, KCC will agree to notify all counsel by email of the 5 question or questions within 24 hours of such contact. The parties agree that if 6 they cannot agree on the response to the individual’s question, that the parties will 7 submit the dispute to the Court for guidance or determination. The parties may 8 agree to participate in the informal discovery dispute process which can be found 9 at the United States District Court for the Eastern District of California’s website 10 ( under Judges; United States Magistrate Judge 11 Stanley A. Boone (SAB). In the area entitled “Case Management Procedures,” 12 there is a link to “Discovery Dispute Procedures.” While this process is ongoing, 13 the time limit for notice, opt-out, and document production described herein will 14 continue unabated. However, no information regarding any individual with an 15 unresolved inquiry will be released to Plaintiffs until the inquiry has been 16 resolved pursuant to this paragraph. 17 7. After thirty-one (31) calendar days from the mailing of the notice, KCC shall 18 notify all parties of the names of the persons who have not opted-out and 19 requested that contact information and documents pertaining to them not be 20 released. Undeliverable notices will be re-mailed by KCC as described in this 21 Order to the possible address(es) found, and production made by Defendants 22 thirty-one (31) days thereafter, even if the notice continues to be undeliverable 23 after the re-mailing. 24 8. The Court finds that the Notice process is sufficient to constitute due diligence 25 such that any undeliverable notice, which is a notice that is still undeliverable 26 after KCC has conducted address searches on all returned, undelivered mail and 27 re-mailed the notices for whom further addresses are found, shall be treated as 28 though the particular individual did not opt-out of the disclosure. When the Court 3 1 considers the sensitivity of the information sought, the potential benefit to the 2 putative class members, the notice requirements ordered herein, and the safeguard 3 of the protective order, the Court finds that any concerns about disclosing 4 otherwise confidential information of putative class members is mitigated and 5 nothing more is required under the circumstances of this action. 6 9. Subject to the terms and conditions of the Stipulation and this Order, Defendants 7 agree to provide to Plaintiffs’ counsel, on or before July 13, 2017, but in no event 8 later than nine weeks prior to the mediation date, complete, legible, bates stamped 9 copies of the following documents and data, in electronic form wherever possible, 10 and/or in hard copy when requested, the following documents for each Potential 11 Class Member: 12 a. All payroll records for each Potential Class Member; 13 b. All records of hours worked by each Potential Class Member. 14 Additionally, on or before June 29, 2017, Defendants will provide: 15 a. All employee handbooks and policies, of any kind or description, and all 16 draft versions thereof, in existence at any time within the past five (5) 17 years. 18 10. During the period of the stay, Defendants agree not to communicate, directly or 19 indirectly, with any person within the Plaintiffs’ proposed class definition in 20 Paragraph 30 of their Complaint, concerning the release or settlement of any 21 claim alleged in the Complaint, unless and if one of the persons within the 22 Plaintiffs’ proposed class definition makes a demand or files a legal action in 23 court or makes a claim with a government agency in which case Defendants 24 reserve any and all rights to negotiate a release or settlement of any and all claims. 25 11. Nothing in this Order is intended to create, expand, limit or waive any of the 26 parties’ rights, defenses or remedies at law or equity. The parties reserve all 27 rights available to them under the law, including all statutes and constitutions. 28 12. If a party or KCC believes in good faith that he, she or it needs additional time to 4 1 perform one of the matters specified above, the party or KCC may notify the 2 parties of that need and set forth the additional time or times needed. The parties 3 will meet and confer telephonically in an effort to resolve the issue and to agree 4 on adjusted dates, partial interim compliance, continuance of the stay, and/or a 5 postponement of the mediation. 6 7 8 IT IS SO ORDERED. 9 Dated: June 9, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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