Dukes et al v. Wal-Mart Stores, Inc.

Filing 880

ORDER RE: DISCOVERY LETTER BRIEF (Dkt. No. 879). Signed by Magistrate Judge Jacqueline Scott Corley (ahm, COURT STAFF) (Filed on 3/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BETTY DUKES, et al.,

Northern District of California

United States District Court

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Plaintiffs,

Case No.: 01-cv-2252 CRB (JSC)
ORDER RE: DISCOVERY LETTER
BRIEF (Dkt. No. 879)

v.

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WAL-MART STORES, Inc.,
Defendant.

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Now pending before the Court is a Joint Discovery Letter Brief (Dkt. No. 879) wherein
Plaintiffs seek to compel certain discovery subject to the Court’s March 13, 2013 Order (Dkt.
No. 872). Plaintiffs seek: (1) further information regarding the Human Resources (“HR”) data
Wal-Mart was ordered to provide, and (2) assistance scheduling a Rule 30(b)(6) deposition.
The Court has considered the parties respective positions and GRANTS Plaintiffs’ requests as
set forth below.
1. HR Data
Wal-Mart has known for months that it had to produce HR data to Plaintiffs and that
this discovery was essential to Plaintiffs’ motion for class certification. Wal-Mart was
ordered to produce all the HR data by March 14, 2013. Although it has done so, the HR data
is in a different form than the HR data previously produced. Plaintiffs therefore have
questions regarding the data which Wal-Mart has not responded to. Wal-Mart shall respond

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to all of Plaintiffs’ outstanding written questions by the end of the day March 21, 2013. If

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Plaintiffs still have questions regarding the data, the parties must participate in a conference

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call on Monday, March 25, 2013 to discuss the issues. All parties must have all necessary

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persons available during that conference call to address any substantive issues regarding the

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data.

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2. Rule 30(b)(6) Deposition
The Court’s March 13, 2013 Order (Dkt. No. 872) required Wal-Mart to make a Rule

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30(b)(6) designee(s) available for deposition. Wal-Mart has offered to make the designee

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available for deposition on April 4, 2013 – one week before Plaintiffs’ motion for class

Northern District of California

certification is due. Plaintiffs request an earlier date and ask that the witness be produced in

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United States District Court

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California. Wal-Mart shall make its Rule 30(b)(6) designee available for deposition in

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Bentonville, Arkansas next week, March 25-29, 2013.

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This Order disposes of Docket No. 879.

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IT IS SO ORDERED.

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Dated: March 20, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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