Ang et al v. Bimbo Bakeries USA, Inc.

Filing 89

ORDER RE: DISCOVERY DISPUTE, Dkt. No. 86 . The hearing scheduled for 6/11/2014 01:00 PM is vacated. Signed by Judge Nathanael Cousins on 6/9/2014. (lmh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 ALEX ANG and LYNN STREIT,
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individually and on behalf of all others
similarly situated,

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Case No. 13-cv-01196 WHO (NC)
ORDER RE: DISCOVERY
DISPUTE

Plaintiffs
Re: Dkt. No. 86
v.

15 BIMBO BAKERIES USA, INC.,
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Defendant.

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The parties have filed a joint discovery statement in which Bimbo Bakeries asks the

19 Court to extend certain deadlines set by the Court in its May 14, 2014, discovery order.
20 Dkt. Nos. 80, 86. The Court finds that this dispute is suitable for resolution without a
21 hearing and vacates the hearing set for June 11, 2014. After considering the parties’ joint
22 statement, their proposed orders, as well as the record in this case, IT IS HEREBY
23 ORDERED THAT:
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1.

Deadline to Produce Documents Related to Pre-Class Period Discovery
and Products Not Sold in California

In previous discovery disputes presented by the parties, Bimbo Bakeries argued that

27 discovery in this case should be limited in scope to information from the class period and
28 should exclude products Bimbo Bakeries alleges were not sold in California. See Dkt. No.
Case No. 13-cv-01196 WHO (NC)
ORDER RE: DISCOVERY DISPUTE

1 80. The Court rejected these arguments and ordered Bimbo Bakeries to amend its discovery
2 responses and produce all responsive, non-privileged documents by May 28, 2014. Id.
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Bimbo Bakeries now requests a 90-day extension of the May 28 deadline as it relates

4 to pre-class period discovery and products not sold in California (parts 1 and 3 of the
5 Court’s May 14 order). Bimbo Bakeries asserts that the deadline set by the Court should be
6 modified because the parties’ prior briefing and arguments “were focused on . . .
7 discoverability . . . and did not address e-discovery issues, much less the amount of time
8 that it would take for BBUSA to actually produce responsive documents.” Dkt. No. 86 at 2.
9 This problem is, to a large extent, of Bimbo Bakeries’ own making. Before the Court set
10 the May 28 deadline, it informed the parties of its tentative ruling to order the disputed
11 discovery and gave the parties a further opportunity to meet and confer and propose
12 limitations on the discovery based on the anticipated burden and benefit. Dkt. No. 72.
13 Rather than investigating what specific efforts and time would be required to produce
14 responsive documents and raise any such issues before the Court resolved this dispute,
15 Bimbo Bakeries chose to rely on blanket assertions that no discovery was appropriate and
16 waited until the Court ruled against it. Bimbo Bakeries’ failure to raise these issues earlier
17 is not a good cause for the requested extension.
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Bimbo Bakeries further argues that the May 28 deadline is not workable because

19 “virtually all responsive information will exist within BBUSA’s electronic systems” and the
20 parties will need to meet and confer regarding an e-discovery protocol and search criteria.
21 Dkt. No. 86 at 2-3. Bimbo Bakeries’ asserted reasons for the 90-day extension, however,
22 amount to little more than general statements about “the complexities of e-discovery.” As
23 acknowledged in this District’s Guidelines for the Discovery of ESI, “[d]iscoverable
24 information today is mainly electronic.” This District has made available a model
25 Stipulated Order Re: Discovery of ESI, as well as guidelines that encourage parties to
26 discuss the preservation, collection, search, review, and production of ESI as early as
27 possible at the outset of the case. This case was filed on March 18, 2013. The Court is not
28 convinced that Bimbo Bakeries has shown diligence and good cause to justify the requested
Case No. 13-cv-01196 WHO (NC)
ORDER RE: DISCOVERY DISPUTE

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e
he
j
very
ent,
urt
at
1 90-day extension. Based on th parties’ joint discov stateme the Cou finds tha a
e
s
te,
ends the Ma 28 deadline to July 14, 2014.
ay
2 modest extension is appropriat and exte

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Additionally, by June 16 2014, the parties mu file eithe a propose stipulate order
,
6,
e
ust
er
ed
ed

ng
overy and a proposed stipulated p
s
protective or
rder, or a jo stateme
oint
ent
4 regardin ESI disco
f
p
n
es.
5 setting forth their positions on these issue

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2.

Deadl
line to Prod
duce Finan
ncial Inform
mation

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Bi
imbo Baker request an extension until Ju 18, 2014 to produc documen in
ries
ts
une
4,
ce
nts

ance with pa 2 of the May 14 ord regardin financial informatio and plain
art
der
ng
l
on,
ntiffs
8 complia
ion. Dkt. No. 86 at 4. The reques extensi is grant
N
sted
ion
ted.
9 agree to the extensi

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3.

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Bi
imbo Baker request an extension until Ju 10, 2014 to serve i supplem
ries
ts
une
4,
its
mental

Deadl
line to Serv Supplem
ve
mental Disc
covery Resp
ponses

es
iffs’ interrogatories and documen requests, a plaintif agree to the
nt
and
ffs
12 response to plainti
2
on.
o.
T
ted
on
13 extensio Dkt. No 86 at 4. The request extensio is granted.
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4.

Addit
tional Disco
overy Dispute

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Th parties’ joint discov
he
j
very stateme also ind
ent
dicates that the parties dispute whether

B
roduction of document should be limited to products a issue in th
o
ts
e
o
at
his
16 Bimbo Bakeries’ pr
6
a
014,
rties must m and confer in an a
meet
attempt
17 case. Dkt. No. 86 at 3, 6. By June 23, 20 the par
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ve
agreement and file a jo discove statemen regarding this dispu
a
oint
ery
nt
g
ute.
18 to resolv their disa
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An party ma object to this non-d
ny
ay
o
dispositive d
discovery or
rder within 14 days un
n
nder

vil
re
20 Federal Rule of Civ Procedur 72(a).
0

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IT IS SO OR
T
RDERED.

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Date: June 9, 2014
,

____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 13-cv-0119 WHO (N
96
NC)
ORDER RE: DISCO
R
OVERY DIS
SPUTE

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