Kelly v. Banner Health et al
Filing
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ORDER signed by District Judge Daniel J. Calabretta on 10/23/2024 GRANTING 17 Motion to Bifurcate Discovery. (Kyono, V)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VINCENT KELLY,
No. 2:24-cv-00920-DJC-DMC
Plaintiff,
v.
ORDER GRANTING MOTION TO
BIFURCATE DISCOVERY
BANNER HEALTH, et al.,
Defendant.
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Plaintiff Vincent Kelly, a Security Guard Manager employed by Defendants
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Banner Health and BH Corporate Office, filed this putative class action on February
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16, 2024, alleging several California Labor Code violations on behalf of himself and
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similarly situated employees. (ECF No. 1.) On March 25, 2024, the Court entered its
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Initial Case Management Order, instructing the Parties to confer and prepare a joint
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status report that included a discovery plan. (ECF No. 3.) The Parties filed a Joint
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Status Report on May 21, 2024, in which Defendants proposed bifurcating discovery
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into two phases: a class certification phase and a merits phase. (ECF No. 13.)
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In response to the Joint Status Report, the Court held an initial scheduling
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conference on June 13, 2024, and ordered the Parties to meet and confer and submit
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a revised status report specifically addressing the Parties’ positions on whether to
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bifurcate discovery and corresponding deadlines based on the Parties’ proposals.
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(ECF No. 15.) Defendants filed a Status Report on June 27, 2024, detailing their
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unsuccessful efforts to meet and confer with Plaintiff and setting forth their position on
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bifurcation. (ECF No. 16.) Defendants also filed a Motion to Bifurcate Discovery that
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same day. (ECF No. 17.)
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On July 2, 2024, the Court ordered Plaintiff to show cause why they had failed
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to meet and confer with Defendants as directed. (ECF No. 18.) Plaintiff responded to
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the Court’s order on July 8, 2024 (ECF No. 19), and filed a Status Report on July 9,
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2024, stating they intended to oppose Defendants’ Motion for Bifurcation. (ECF No.
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21 at 9.) However, Plaintiff failed to timely oppose Defendants’ Motion. Accordingly,
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on July 29, 2024, the Court ordered Plaintiff to file an opposition to Defendants’
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Motion within seven days and warned that “Plaintiff’s failure to comply with this order
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may result in the granting of Defendants’ motion without the issuance of an order to
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show cause.” (ECF No. 22.) The Motion remains unopposed.
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“The decision to bifurcate discovery in putative class actions prior to
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certification is committed to the discretion of the trial court.” True Health Chiropractic
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Inc v. McKesson Corp., No. 13-CV-02219-JST, 2015 WL 273188, at *1 (N.D. Cal. Jan.
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20, 2015) (citation omitted). In exercising this discretion, courts consider: “(1) the
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overlap between individual and class discovery, (2) whether bifurcation will promote
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Federal Rule of Civil Procedure 23’s requirement that certification be decided at ‘an
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early practicable time,’ (3) judicial economy, and (4) any prejudice reasonably likely to
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flow from the grant or denial of a stay of class discovery.” Id. (citation omitted).
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Here, Defendants argue bifurcation of discovery will promote efficiency and
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fairness because it will prevent Defendants from having to engage in costly class-wide
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merits-based discovery when Plaintiff’s case may never get past the class-certification
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stage, will expedite class certification, and will promote judicial economy. (See
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generally ECF No. 17.) The Court agrees and will grant bifurcation of discovery for the
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reasons set forth in Defendants’ Motion.
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CONCLUSION
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Defendant’s Motion to Bifurcate Discovery (ECF No. 17) is GRANTED. The
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Court will issue a schedule for the case shortly based on the Parties’ Status Reports
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(ECF Nos. 16, 21).
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IT IS SO ORDERED.
Dated:
October 23, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE
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DJC4 – Kelly24cv920.MotBifurcateDiscovery
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