Bryan et al v. Wal-Mart Stores Inc. et al

Filing 253

ORDER Re: Class Member Depositions. Signed by Judge Susan Illston on 1/19/16. (tfS, COURT STAFF) (Filed on 1/19/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WAGNER, JONES, KOPFMAN, & ARTENIAN LLP NICHOLAS J.P. WAGNER, SBN 109455 ANDREW B. JONES, SBN 076915 DANIEL M. KOPFMAN, SBN 192191 LAWRENCE M. ARTENIAN, SBN 103367 1111 E. Herndon, Ste. 317 Fresno, CA 93720 Telephone: 559.449.1800 Facsimile: 559.449.0749 Attorneys for Plaintiffs GIBSON, DUNN & CRUTCHER LLP CATHERINE A. CONWAY, SBN 98366 cconway@gibsondunn.com JULIAN W. POON, SBN 219843 jpoon@gibsondunn,com JESSE A. CRIPPS, SBN 222285 jcripps@gibsondunn.com BLAINE H. EVANSON, SBN 254338 bevanson@gibsondunn.com 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: 213.229.7000 Facsimile: 213.229.7520 SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, PC JAMES H. HANSON (admitted pro hac vice) jhanson@scopelitis.com 10 West Market Street, Suite 1500 Indianapolis, IN 46204 Telephone: 317.492.9205 Facsimile: 317.687.2414 Attorneys for Defendant WAL-MART STORES, INC. 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 CHARLES RIDGEWAY, JAIME FAMOSO, CASE NO. 3:08-cv-05221-SI JOSHUA HAROLD, RICHARD BYERS, DAN THATCHER, NINO PAGTAMA, WILLIE FRANKLIN, TIM OPITZ, FARRIS DAY, STIPULATION REGARDING CLASS KARL MERHOFF, and MICHAEL KROHN, MEMBER DEPOSITIONS 21 22 23 24 25 26 27 Plaintiffs, v. WAL-MART STORES, INC., a Delaware corporation d/b/a WAL-MART TRANSPORTATION LLC, and Does One through and including Doe Fifty, Defendants. [Previously captioned as Bryan et al. v. WalMart Stores, Inc.] 28 1 STIPULATION REGARDING CLASS MEMBER DEPOSITIONS CASE NO. 3:08-CV-05221-SI 1 The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua 2 Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl 3 Merhoff, and Micheal Krohn (“Plaintiffs”) and Defendant Wal-Mart Stores, Inc. (“Wal-Mart,” and 4 collectively, with Plaintiffs, the “Parties”), hereby stipulate as follows: 5 1. Wal-Mart does not agree that Plaintiffs’ proposed survey of class members—as set 6 forth below—is proper or appropriate and does not agree with the validity and/or methodology of any 7 such survey. It reserves all rights regarding or related to the proposed survey and expressly objects to 8 any use of the proposed survey by Plaintiffs in this litigation, including as to the admissibility of any 9 survey or survey results at trial. 10 2. Plaintiffs intend to survey certain Class Members. 11 3. Plaintiffs have proposed as part of their survey to select, using a random method, 40 12 class members, each of whom will appear and be sworn and then take a written survey prepared by 13 Plaintiffs. The Parties agree no attorneys will be present in the room until the Class Member 14 completes the survey. 15 4. Although Wal-Mart does not sanction the survey and is not participating in the survey 16 process, Plaintiffs have agreed that Wal-Mart will be provided with all written survey questions that 17 will be asked of these Class Members and the list of Class Members to be contacted for in-person 18 survey/deposition, and have agreed to provide such information in advance of the survey and no later 19 than January 30, 2016. 20 21 22 5. Plaintiffs’ counsel have stated that they intend to meet with the Class Member at the survey site immediately following the class member’s completion of the in-person survey. 6. During this meeting, and although Wal-Mart is not participating in the survey process, 23 Plaintiffs have agreed that Wal-Mart will have access to and receive a copy of the Class Member’s 24 survey responses. 25 7. Although Wal-Mart is not participating in the survey, Wal-Mart will be permitted to 26 immediately at the in-person survey site (or on the day of the survey or at some later time or place, 27 agreeable to the Parties) depose the Class Member for up to three hours and then plaintiffs may 28 2 STIPULATION REGARDING CLASS MEMBER DEPOSITIONS CASE NO. 3:08-CV-05221-SI 1 depose the class member for up to one hour. The Parties shall use all reasonable efforts to complete 2 the deposition of the Class Member on the date set for the deposition. 3 8. The parties have also agreed that, completely independent of Plaintiffs’ survey, Wal- 4 Mart may also select 10 Class Members of its own choosing using any methodology it wishes for 5 standard depositions per the Federal Rules, and it does so without waiver of its rights to seek 6 depositions of additional class members. 7 9. The forty (40) randomly selected Class Member depositions as well as the ten (10) 8 Class Member depositions selected by Wal-Mart will not count against any prior agreements between 9 the parties about the number of depositions to be permitted in this case or the number of depositions 10 expressly permitted by Fed. R. Civ. P. § 30(a)(2)(A)(i). It is each Parties’ independent position that, 11 by entering into this agreement, it is not waiving any rights it may have for additional depositions 12 pursuant to Fed. R. Civ. P. § 30(a)(2); provided, however, each Party reserves all rights to challenge 13 any further depositions of Class Members as improper under Fed. R. Civ. P. § 30(a)(2) or otherwise. 14 10. Wal-Mart reserves all rights to seek written discovery from absent class members 15 following the completion of the Class Member depositions identified herein, see Dkts. 230, 234. 16 Plaintiffs reserve all rights to object to Wal-Mart’s efforts to seek written discovery from absent Class 17 Members. 18 11. The depositions/in-person surveys will not take place until after February 1, 2016, 19 absent agreement of the parties, no more than four depositions or 12 hours of deposition (whichever 20 takes longer) will be noticed or scheduled for a single day. Plaintiffs’ counsel shall issue deposition 21 subpoenas at least 10 days before any deposition and shall immediately notify Wal-Mart’s counsel 22 when a witness indicates that they will appear for deposition on the date noticed or on an alternate 23 date. To eliminate the service of multiple subpoenas from both parties, the deposition subpoenas 24 issued by Plaintiffs shall be deemed to include a requirement that the individual sit for deposition for 25 Wal-Mart on the terms discussed in this stipulation, and that requirement shall be set forth in the 26 subpoena issued by Plaintiffs. Once Wal-Mart has received such notice for any class member, Wal- 27 Mart’s Counsel will use reasonable efforts to provide Class Counsel with the personnel file, Earnings 28 History Report and Dispatch Driver Payroll report for that witness no fewer than five days before the 3 STIPULATION REGARDING CLASS MEMBER DEPOSITIONS CASE NO. 3:08-CV-05221-SI 1 date set for deposition. No witness will be questioned by Wal-Mart about a witnesses’ personnel file 2 or Earnings History Report that has not been produced by Wal-Mart to Plaintiffs’ Counsel where 3 Wal-Mart did not make reasonable efforts to produce those documents at least 5 days before the 4 deposition. 5 IT IS SO STIPULATED. 6 Dated: January __, 2016 7 Daniel Kopfman WAGNER, JONES, KOPFMAN, & ARTENIAN LLP S DISTRICT TE C TA 19 S I u Judge S ER on san Illst H 18 RT 17 ERED ORD T IS SO NO 16 UNIT ED 15 Attorneys for Defendant RT U O 14 Jesse A. Cripps GIBSON, DUNN & CRUCTHER LLP Attorneys for Plaintiffs 12 13 __/s/ Jesse A. Cripps______________ R NIA 11 By: FO 10 _____________________________ LI 9 By: A 8 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 4 STIPULATION REGARDING CLASS MEMBER DEPOSITIONS CASE NO. 3:08-CV-05221-SI

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