U.S. Equal Employment Opportunity Commission v. Marquez Brothers International, Inc. et al

Filing 93

ORDER following status conference regarding discovery and schedule. Order signed by Magistrate Judge Erica P. Grosjean on 10/26/2018. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Case No. 1:17-cv-00044-AWI-EPG

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Plaintiff,
ORDER FOLLOWING STATUS
CONFERENCE REGARDING
DISCOVERY AND SCHEDULE

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v.
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MARQUEZ BROTHERS
INTERNATIONAL, INC., et al.

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Defendant.
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On October 25, 2018, the Court held a status conference regarding discovery and the

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appropriate schedule for this case moving forward. During the conference, the Court heard

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from the parties regarding discovery, proceeding with discovery using a phased approach, and

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bifurcating the case into phases under Int'l Bhd. of Teamsters v. United States, 431 U.S. 324

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(1977).

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At this time, the parties are directed to proceed with discovery only as to the following

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issues: (1) EEOC’s investigation and notice to defendants, including the relationship between

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Marquez Brothers International, Inc. (“MBI”) and other Defendants to the extent relevant to

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these issues, and (2) all merits discovery regarding MBI’s Hanford facility. The parties shall

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begin discovery regarding these issues, including any necessary meet and confer regarding the

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scope, without delay.

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The parties shall submit, no later than November 2, 2018, briefs no longer than five (5)

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pages per party addressing whether further discovery is warranted at this time. The Court will

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review and consider these briefs in determining whether further discovery should proceed at

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this time.

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The Court also held that Plaintiff's outstanding written discovery is overbroad as

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currently served and directed Plaintiff to serve revised written discovery requests, seeking

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discovery on issues identified above, by November 9, 2018. Defendants shall serve their

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responses to such discovery requests by December 7, 2018.

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A hearing on any outstanding discovery disputes is set for December 10, 2018, at 10:30

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a.m., in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Telephonic

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appearances are permitted, with each party directed to use the following dial-in number and

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passcode: 1-888-251-2909; passcode 1024453. In preparation for that hearing, the parties shall

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file a joint statement regarding any outstanding discovery disputes by December 3, 2018. If

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there are no discovery disputes, the parties shall notify the Court no later than December 4,

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2018, that the hearing may be vacated.

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A hearing on the status of the case and the issue of bifurcating the case into phases under

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Int'l Bhd. of Teamsters v. United States, 431 U.S. 324 (1977), is set for February 6, 2019, at

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10:30 a.m., in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The parties

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shall meet and confer regarding a briefing schedule regarding bifurcation and submit a

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stipulated briefing schedule by November 2, 2018.

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IT IS SO ORDERED.
Dated:

October 26, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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