Campanelli et al v. The Hershey Company

Filing 113

SECOND DISCOVERY ORDER re 111 Letter filed by Kevin Shanahan, Josephine Godfrey, Taryn Sedgeley, Bryan Miller, James Amicarella, Julie Campanelli, John Michalski, Ryan Parsons, Chris Nielsen, Phyllis Davis, Scott Wood, Ron Roberts, Juan Carlos Lope z, Sabrina Anderson, Charlotte Bryn Allen, Robert Musolf, Karen Metzger, Daniel Hallaran, Nancy Smith, Francis McKeever, Anne Compton, Andrew Levison, 112 Letter filed by The Hershey Company. Signed by Magistrate Judge Bernard Zimmerman on 6/11/2010. (bzsec, COURT STAFF) (Filed on 6/11/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. THE HERSHEY COMPANY, Defendant(s). JULIE CAMPANELLI, et al., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 08-1862 BZ SECOND DISCOVERY ORDER

The Court has reviewed Docket No. 111 and 112.

The Court

is unwilling to alter the present briefing and certification schedule. Nor, based on this record, is the Court willing to

preclude Hershey from relying on any of the documents produced on May 28, 2010. It is not clear why the plaintiffs allowed At the same time,

this document production to take so long.

it is difficult to believe that the 622,000 pages could not have been produced earlier. Just reacting to the example

cited by defendant in the penultimate paragraph of its letter, it is not clear why, if Hershey was willing to produce documents back to April 2004, it did not do so while it was disputing with plaintiff whether to extend that date to 1

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January 2003.

In any event, in the interest of expeditiously

resolving the class certification issues, the motion will proceed as scheduled and plaintiff may move to strike any documents that Hershey actually relies on in its opposition and that plaintiffs believe were produced late. The Court

will then determine, if necessary, whether the late production of those documents somehow violated Hershey's discovery obligations. Dated: June 11, 2010

Bernard Zimmerman United States Magistrate Judge
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