Henry v. Central Freight Lines, Inc.

Filing 68

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/30/18 GRANTING 55 Motion to Compel. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RICKEY HENRY,

12
13
14
15

No. 2:16-cv-0280-JAM-EFB

Plaintiff,
v.

ORDER AFTER HEARING

CENTRAL FREIGHT LINES, INC.,
Defendant.

16
17

The case was before the court on August 8, 2018, for hearing on plaintiff’s motion to

18

compel defendant to provide further responses to requests for production of documents. ECF No.

19

55. Attorney Jeffrey Herman appeared on behalf of the plaintiff and attorney Timothy Johnson

20

appeared on behalf of defendant.

21
22
23
24
25
26
27
28

For the reasons stated on the record, it is hereby ORDERED that plaintiff’s motion to
compel (ECF No. 55) is granted as follows:
1. By September 7, 2018, defendant shall produce:
a. the start and end dates of all putative class members who did not opt out of the
Belaire-West process by September 7, 2018;
b. information regarding central dispatch that corresponded with plaintiff and the
putative class members;
c. all Independent Contractor Agreements for all putative class members; and
1

1

d. a copy of each orientation document that was provided to putative class

2

members at their orientations.1 Defendant need not produce these materials for each class

3

member. Instead, it may produce exemplar documents so long as a copy of each orientation

4

document that was provided to putative class members is produced. Defendant shall also provide

5

a verified statement confirming that it has conducted a diligent search and that a copy of all

6

orientation material provided to putative class members during the class period has been

7

produced.

8

2. By no later than September 14, 2018, defendant shall produce, in searchable electronic

9

format, the tracking data, compensation data, deduction data, and mileage data contained in the

10

Settlement Statements for all putative class members. Defendant need not produce copies of all

11

Settlement Statements for each putative class members so long as the information from all the

12

putative class members’ Settlement Statements is provided in searchable electronic format.

13

DATED: August 30, 2018.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

The term “orientation materials” refers to documents putative class members received
prior to engaging in services with defendant.
2