Perez et al v. John Muir Health
Filing
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Discovery Order re: 67 Discovery Letter Brief filed by Rosa Cerisano, Marlene Perez. Signed by Judge Maria-Elena James on 3/30/2016. (cdnS, COURT STAFF) (Filed on 3/30/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARLENE PEREZ, et al.,
Case No. 15-cv-01792-HSG (MEJ)
Plaintiffs,
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DISCOVERY ORDER
v.
Re: Dkt. No. 67
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JOHN MUIR HEALTH, et al.,
Defendants.
United States District Court
Northern District of California
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In this employment discrimination case, the parties submit a discovery letter regarding
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Plaintiffs Marlene Perez and Rosa Cerisano’s (“Plaintiffs”) request to compel Defendant John
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Muir Health (“Defendant”) to produce documents. Dkt. No. 67. Plaintiffs argue that on March
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20, 2016, they first learned of the existence of “numerous documents” responsive to their
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discovery requests, and specifically relating to Ms. Perez’s work schedule and Ms. Cerisano’s
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Voluntary Time Off requests. Id. at 3. Plaintiffs seek immediate compliance with their request to
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produce these documents, originally propounded in October 2015 and January 2016, given that
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Defendant will file its motion for summary judgment on March 31, 2016. Id. at 6. Plaintiffs
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maintain they should not be compelled to review and analyze “hundreds, and perhaps thousands of
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pages of documents that are highly relevant to Plaintiffs’ claims after receipt of the motion, while
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simultaneously opposing the motion by the April 14, 2016 deadline.” Id. Defendant maintains the
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dispute is moot given that upon learning of these documents, it agreed to produce them. Id.
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However, Defendant states that “due to the volume of documents,” it will produce them on a
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rolling basis, “every day until completed.” Id.
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Federal Rule of Civil Procedure 26 provides that a party may obtain discovery “regarding
any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the
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needs of the case[.]” Fed. R. Civ. P. 26(b)(1). “The court may, for good cause, issue an order to
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protect a party or person from annoyance, embarrassment, oppression, or undue burden or
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expense,” including by (1) prohibiting disclosure or discovery; (2) conditioning disclosure or
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discovery on specified terms; (3) preventing inquiry into certain matters; or (4) limiting the scope
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of disclosure or discovery to certain matters. Fed. R. Civ. P. 26(c)(1).
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As Defendant sets forth no objections to the requests addressed in the parties’ letter, and it
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has agreed to produce the documents on a rolling basis, Plaintiffs’ request to compel production is
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GRANTED. As Defendant will file its motion for summary judgment tomorrow, the parties are
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ORDERED to meet and confer in a good faith attempt to draft and file a stipulated request before
the presiding judge to continue the briefing and hearing deadlines pending Plaintiffs’ receipt and
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United States District Court
Northern District of California
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review of these documents. If the parties are unable to reach an agreement, Plaintiffs shall instead
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file a motion pursuant to Civil Local Rule 6.
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IT IS SO ORDERED.
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Dated: March 30, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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