Juan Saravia v. Dynamex, Inc. et al
Filing
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Order re JOINT STIPULATION MEMORIALIZING AGREEMENT REGARDING PLAINTIFFS' DISCOVERY DISPUTEPURSUANT TO COURT'S ORDERFOLLOWING DISCOVERY HEARING by Hon. William Alsup granting 50 Stipulation.(whalc1, COURT STAFF) (Filed on 5/27/2015)
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JOSHUA KONECKY, Bar No. 182897
jkonecky@schneiderwallace.com
NATHAN PILLER, Bar No. 300569
npiller@schneiderwallace.com
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
Telephone:
415.421.7100
Facsimile:
415.421.7105
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Attorneys for Plaintiffs
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ROBERT G. HULTENG, Bar No. 071293
rhulteng@littler,com
AURELIO J. PEREZ, Bar No. 282135
aperez@littler.com
PERRY K. MISKA, Bar No. 299129
pmiska@littler.com
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendants
DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC. and DYNAMEX
OPERATIONS WEST, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JUAN SARAVIA, individually and on
behalf of all others similarly situated,
Plaintiffs,
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v.
DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC. and
DYNAMEX OPERATIONS WEST, INC.,
CaseNo. 3:14-CV-05003-WHA
JOINT STIPULATION MEMORIALIZING
AGREEMENT REGARDING
PLAINTIFFS' DISCOVERY DISPUTE
PURSUANT TO COURT'S ORDER
FOLLOWING DISCOVERY HEARING
Honorable William H. Alsup
Complaint Filed: November 12, 2014
Defendants.
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Uffi.ER t.£ti>ELSON, P.C.
850
C:,"";::W.snet
San Fra1cieco, CA 941082693
415.433.1940
CASE NO. 4:14-CV-05003-WHA
JOINT STIPULATION REDISCOVERY DISPUTE
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The Parties hereby file this joint stipulation pursuant to the Court's Order, filed May 21,
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2015, which directed them to file a ']oint stipulation memorializing their agreement regarding
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plaintiff's discovery dispute, including the agreed-upon deadline." [ECF 48]
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WHEREAS, on May 14, 2015, Plaintiffs filed a letter for discovery relief pursuant to
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Paragraph 25 of the Court's Supplemental Standing Order, which addressed the timing and scope of
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Defendants' search for and production of documents in response to Plaintiff's First Set of Requests
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for Production of Documents. [ECF 41]
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WHEREAS, on May 18, 2015, Plaintiffs filed a declaration identifYing the Parties'
telephonic and written meet-and-confer efforts on the issues. [ECF 43]
WHEREAS, on May 19, 2015, Defendants filed a response to Plaintiffs' discovery letter.
[ECF 47]
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WHEREAS, pursuant to the Court's Order reDiscovery Hearing, filed May 15, 2015 [ECF
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42], counsel for Plaintiffs and Defendants appeared in person for a three-hour meet-and-confer in the
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Court'sjury room on May 21,2015.
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WHEREAS, during the in person meet-and-confer, counsel reached an agreement to resolve
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the discovery dispute, which they put on the record during the discovery hearing held by the Court
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after the meet-and-confer.
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WHEREAS, the following memorializes the agreement of the Parties to resolve the pending
discovery dispute concerning Plaintiffs' First Set of Requests for Production of Documents:
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STIPULATION
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For Requests 13-26, 34 & 35, Defendants will conduct a diligent search of all
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locations in the United States above the branch level at which responsive materials might plausibly
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exist, and produce all responsive non-privileged materials that are located (and a privilege log
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pursuant to FRCB 26(b)( 5) for any materials withheld on the basis of a claimed privilege). By way
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of example only, a non-exhaustive list of possible locations and/or responsive materials includes, but
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is not necessarily limited to, the Dynamex Enterprise Computer System ("DECS"); the DECS
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manual; standard operating procedures (SOPs) to the extent not already produced; job descriptions,
Uffi.ER t.£ti>ELSON, P.C.
850
C:,"";::W.snet
San Fra1cieco, CA 941082693
415.433.1940
CASE NO. 4:14-CV-05003-WHA
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JOIN STIPULATION REDISCOVERY DISPUTE
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advertisements and postings pertaining to transportation service providers covered by the collective
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action allegations; instructions from Dynamex clients concerning deliveries; pitches/advertising
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materials directed toward Dynamex clients and/or potential clients; descriptions of the work of the
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engineering department concerning routing; and documents among dispatchers and management
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concerning rates of pay for the transportation service providers covered by the collective action
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allegations.
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2.
For Requests 1-12, Defendants will conduct a diligent search of all locations in the
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United States at which responsive materials might plausibly exist, and produce all responsive non-
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privileged materials that are located (and a privilege log pursuant to FRCB 26(b)( 5) for any
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materials withheld on the basis of an asserted privilege). To the extent that types or categories of
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information pertaining to an individual plaintiff is voluminous and a complete production would not
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be pertinent to Plaintiffs' motion to facilitate notice under 29 U.S.C. § 216(b), Defendants will so
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notifY Plaintiffs and the Parties will meet and confer in good faith to determine whether the
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production can be deferred until a later stage of the litigation.
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3.
For Request 27 (complaints), the Parties will meet and confer further regarding the
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scope of the search and production.
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complaints, investigations and questions pertaining solely to Lee, et al. v. Dynamex Operations West,
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Inc., (California Supreme Court, Case No. S222732); Chevez, et al. v. Dynamex, Inc., (San
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Bernardino Sup. Ct., Case No. CIVRS 807176); or Okeke v. Dynamex Operations East,
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Inc., Massachusetts Supreme Judicial Court docket SJC-11564.
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4.
The Parties agree that the production need not include
For Request 32, the Parties will meet and confer regarding the terms, scope and
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timing of a production, including an ESI search protocol that might assist with the retrieval and
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production of responsive information.
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5.
No later than May 29, 2015, Defendants will produce all responsive, non-privileged
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materials located pursuant to the searches described in Paragraphs 1-2, above, which have not
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previously been produced. (The parties will meet and confer as to a later date for production of the
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privilege log, to the extent any responsive materials are withheld on claim of privilege.) Also by
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Uffi.ER t.£ti>ELSON, P.C.
850
C:,"";::W.snet
San Fra1cieco, CA 941082693
415.433.1940
CASE NO. 4:14-CV-05003-WHA
3.
JOIN STIPULATION REDISCOVERY DISPUTE
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May 29, 2015, Defendants will file and serve an affidavit describing the search and production,
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which satisfies the requirements of the Court's Supplemental Standing Order at '1]13.
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6.
The Parties will further meet and confer after May 29, 2015, to determine whether
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Defendants' production of materials in Response to Requests 1-26, 34, 35, at that time fully resolves
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the discovery dispute (independent of any supplemental production that might otherwise be required
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under FRCP 26 & 34).
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7.
The Parties further stipulate that any production of discovery materials by Defendants
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pursuant to this stipulation will not constitute a waiver of whatever right Defendants may otherwise
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have to seek arbitration of the claims of Plaintiff [e.g., ECF 36], or the claims of any other individual
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that Plaintiff seeks to represent.
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By agreeing to this stipulation, Plaintiffs do not waive whatever right they might
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otherwise have to seek production of information and materials responsive to other discovery
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requests that are not specifically addressed in this stipulation.
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IT IS SO STIPULATED.
Is/ Joshua Koneckv
Dated: May 25, 2015
JOSHUA KONECKY,
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
Attorneys for Plaintiff JUAN SARAVIA
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Is/ Aurelio J. Perez
Dated: May 25,2015
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AURELIO J. PEREZ
LITTLER MENDELSON, P.C.
Attorneys for Defendants
DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC. AND
DYNAMEX OPERATIONS WEST, INC.
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IT IS SO ORDERED.
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Dated: _May_ ___, 2015.
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THE HONORABLE WILLIAM ALSUP
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Uffi.ER t.£ti>ELSON, P.C.
850
C:,"";::W.snet
San Fra1cieco, CA 941082693
415.433.1940
CASE NO. 4:14-CV-05003-WHA
4.
JOIN STIPULATION REDISCOVERY DISPUTE
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CERTIFICATE OF SERVICE
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I hereby certify that I electronically filed the foregoing document(s) with the Clerk of
the Court for the United States District Court, Northern District of California, by using the
Court's CMIECF system on May 25,2015.
I certify that all participants in the case are registered CMIECF users and that service
will be accomplished by the Court's CMIECF system.
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Is! Jong Gwan Hwang
Jong Gwan (John) Hwang
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Uffi.ER t.£ti>ELSON, P.C.
850
C:,"";::W.snet
San Fra1cieco, CA 941082693
415.433.1940
CASE NO. 4:14-CV-05003-WHA
5.
JOIN STIPULATION REDISCOVERY DISPUTE
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