Page v. Grand Home Holdings Inc.

Filing 21

ORDER GRANTING the parties' Joint Discovery Plan 20 . If the parties wish to advance the further case management conference currently set for 2/5/2014, they may jointly contact the Court's courtroom deputy to make that request. Signed by Judge Nathanael Cousins on 10/18/13. (lmh, COURT STAFF) (Filed on 10/18/2013)

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: (562) 653‐3200
FAX: (562) 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
2 Amber M. Solano
State Bar No. 216212
[e-mail]
3 Kristen N. Silverman
State Bar No. 279842
[e-mail]
4 12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
5 Telephone: [phone]
Fax: [phone]
6
Attorneys for Defendant GRAND HOME HOLDINGS
7 INC. dba BARBEQUES GALORE
8 David S. Harris (SBN 215224)
9 NORTH BAY LAW GROUP
116 E. Blithedale Avenue, Suite 2
10 Mill Valley, California 94941
11 Telephone: [phone]
Facsimile: 415.388.8770
12 [e-mail]
13 Abigail Treanor (SBN 228610)
14 JAURIGUE LAW GROUP
114 N. Brand Boulevard, Suite 200
15 Glendale, California 91203
16 Telephone: [phone]
Facsimile: 888.879.1697
17 [e-mail]
18
Attorneys for Plaintiff DARREN PAGE
19
UNITED STATES DISTRICT COURT
20
NORTHERN DISTRICT OF CALIFORNIA
21
22 DARREN PAGE, individually and on
behalf of all others similarly situated,
23
Plaintiff,
24
v.
25
GRAND HOME HOLDINGS INC. dba
26 BARBEQUES GALORE; and DOES 1
-10, inclusive,
27
Defendants.
28

Case No.

CV 13 2754

JOINT DISCOVERY PLAN

013214.00011
11646198.1

JOINT DISCOVERY PLAN CV-13-2754

1

Plaintiff DARREN PAGE (“Plaintiff” or “Page”) and Defendant GRAND

2 HOME

HOLDINGS

INC.

DBA

BARBEQUES

GALORE

(“Defendant”)

3 (collectively the “Parties”) submit this Joint Discovery Plan following the
4 conference of counsel, which commenced on October 7, 2013, pursuant to the
5 Court’s Order to Meet and Confer and Submit a Joint Discovery Plan (Docket No.
6 16).
7

WHEREAS, on August 21, 2013, the Parties stipulated to engage in

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: (562) 653‐3200
FAX: (562) 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 mediation through the Northern District’s Alternative Dispute Resolution Program
9 (Docket No. 7). On August 22, 2013, the Court entered an Order referring the case
10 to mediation, which is to be completed on or before December 20, 2013 (Docket
11 No. 8). On September 4, 2013, the Court appointed Andrew R. Wiener as the
12 Mediator in this case (Docket No. 10). The Parties participated in a pre-mediation
13 conference call with Mr. Wiener on October 8, 2013, and subsequently scheduled
14 the mediation for December 9, 2013.
15

WHEREAS, the Parties will engage in limited discovery before the December

16 9, 2013 mediation in order to adequately evaluate the claims and engage in a
17 meaningful and productive mediation. To this end, the Parties’ proposed discovery
18 plan is as follows:
19

A.

The Parties exchanged Initial Disclosures on September 13, 2013.

B.

On or before October 18, 2013:

20
21
22

1.

23

Plaintiff will provide Defendant with copies of all documents in
his possession related to the claims in this action.

24
25

2.

Defendant will provide Plaintiff with the following information:

26

(a) the number of putative class members; (b) the number of

27

former putative class members; (c) the average hourly rate for

28
013214.00011
11646198.1

-2JOINT DISCOVERY PLAN CV-13-2754

1

putative class members; and (d) the number of work weeks that

2

putative class members worked during the class period.

3
4

C.

On or before October 25, 2013, Plaintiff will serve Defendant with any
request for a statistically-relevant sampling of information regarding

5

the California and FLSA classes.

6
7

1.

On or before November 1, 2013, Defendant shall advise Plaintiff

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: (562) 653‐3200
FAX: (562) 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

of any objections it has to the request(s) for statistically-relevant

9

sampling and begin the meet and confer process. If the parties

10

are unable to resolve any disputes after meeting and conferring,

11

the Parties will submit a joint letter brief in compliance with the

12

Court’s standing order. To the extent that Defendant intends to

13

comply with the requests, Defendant shall advise Plaintiff no

14

later than November 1, 2013 of its intent to comply, and produce

15

the requested information no later than November 20, 2013.

16
17

D.

handbooks or other written policies relating to the claims asserted by

18

Plaintiff in the First Amended Complaint for the period of June 14,

19

2009 to the present.

20
21

On or before November 8, 2013, Defendant shall produce copies of any

E.

Prior to the mediation, Plaintiff may take a deposition of the person(s)

22
23

policies and practices related to the claims asserted in the First

24

Amended Complaint. Similarly, Defendant reserves the right to take a

25

one-day deposition of Plaintiff prior to Mediation. Any deposition

26

conducted by the Parties shall be governed by Federal Rules of Civil

27

Procedure, Rule 30, including the time period for providing notice of

28
013214.00011
11646198.1

designated by Defendant who is most knowledgeable regarding the

the deposition.
-3JOINT DISCOVERY PLAN CV-13-2754

1

F.

To the extent there are any disputes regarding the appropriate scope of

2

discovery prior to Mediation, the Parties shall meet and confer in good

3

faith in order to resolve any issues without Court intervention. If the

4

Parties are unable to informally resolve the dispute after meeting and

5

conferring, the Parties shall submit a joint letter brief in compliance

6

with the Court’s standing order.

7

9
10
11

G.

If the Parties fail to settle this matter at the December 9, 2013
mediation, the Parties may commence discovery.

position that no limits should be placed on discovery. It is Defendant’s
position that discovery should be limited to class certification issues. .

12
13

Dated: October 17, 2013

ATKINSON, ANDELSON, LOYA, RUUD &
ROMO

14
By:

15

/s/
Amber M. Solano
Attorneys for Defendant GRAND
HOME HOLDINGS INC. dba
BARBEQUES GALORE

16
17
18

JAURIGUE LAW GROUP

25
26

thanael M
Judge Na

TED

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28

GRAN

RT

27

UNIT
ED

24

NO

23

S

22

. Cousins

R NIA

21

RT
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/s/
Abigail A. Treanor
Attorney for Plaintiff DARREN PAGE
S DISTRICT
TE
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By:

FO

Dated: October 17, 2013

LI

19
20

013214.00011
11646198.1

It is Plaintiff’s

A

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: (562) 653‐3200
FAX: (562) 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

N

F
D IS T IC T O
-4R
JOINT DISCOVERY PLAN CV-13-2754

C