Bryant et al v. Service Corporation International et al

Filing 295

ORDER RE: PLAINTIFFS' DISCOVERY REQUEST (Docket No. 285) (SI, COURT STAFF) (Filed on 6/2/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: June 2, 2010 SUSAN ILLSTON United States District Judge CLAUDE BRYANT, et al., v. Plaintiffs, No. C 08-01190 SI ORDER RE: PLAINTIFFS' DISCOVERY REQUEST (Docket No. 285) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SERVICE CORPORATION INTERNATIONAL, et al., Defendants. /

Plaintiffs seek a discovery order directing SCI to produce documents and information pertaining to "lump sum" payments (including flat rate, piece rate, and "special pay task" payments) which plaintiffs contend SCI hourly employees received for certain types of work in lieu of hourly wages. Plaintiffs seek documents reflecting the identities of all employees who received these payments, the identities of all employees who recorded time in connection with these payments, and the manner in which they recorded such time. Plaintiffs assert that this evidence is relevant to defining the scope of the class with respect to their claim that SCI failed to compensate employees for all hours worked. SCI responds that plaintiffs have received detailed payroll information for all named plaintiffs in response to Document Request No. 42, and that this information is sufficiently representative for certification purposes. The Court agrees. Plaintiffs have raised a serious question with respect to the compensability of on-call time. For certification purposes, however, the Court does not believe that plaintiffs require payroll information for all SCI employees throughout the nation. Plaintiffs' discovery motion is therefore DENIED.