Algee v. Nordstrom, Inc.

Filing 94


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 BRIAN ALGEE, individually and on behalf of all others similarly situated, 6 7 8 Plaintiff, v. NORDSTROM, INC., 9 United States District Court For the Northern District of California 10 11 No. C 11-301 CW ORDER GRANTING IN PART DEFENDANT’S MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE (Docket No. 86) Defendant. ________________________________/ Defendant Nordstrom, Inc. seeks relief from a non-dispositive 12 discovery order of the magistrate judge, requiring it to provide 13 responses to Plaintiff Brian Algee’s request for “[a]ll documents 14 identifying third parties providing food supplies to the 15 California Nordstrom restaurants during the class period.” 16 A magistrate judge’s orders on non-dispositive pretrial 17 matters are reviewed using a clearly erroneous or contrary to law 18 standard. 19 Procedure 72(a). 20 See 28 U.S.C. § 636(b)(1)(A); Federal Rule of Civil Plaintiff contends that this information will help him 21 identify third party vendors who “would have information regarding 22 whether orders are received directly from a corporate office or 23 from the Executive Chef’s [sic] themselves, whether Executive 24 Chefs all use standardized order forms, submit orders on the same 25 day, and the extent to which Executive chefs are able to order 26 unique ingredients.” 27 that this is relevant to class certification, because it will 28 Suppl. Memorandum at 2. Plaintiff argues 1 assist him in evaluating the commonality of the evidence available 2 to him, and in demonstrating this to the Court. Id. 3 While this discovery is potentially relevant to the ultimate 4 merits of this case, the Court finds that Plaintiff’s request for 5 production is overly broad and burdensome for the purposes of pre- 6 certification discovery. 7 this material to identify third-party vendors, this request is not 8 narrowed to this task and the burden of production to comply fully 9 with the request appears high. While Plaintiff states that he seeks Further, to the extent that United States District Court For the Northern District of California 10 Plaintiff seeks information such as the use of standardized order 11 forms to order food supplies to support his arguments of 12 commonality and typicality in his class certification motion, 13 Plaintiff has propounded other requests for production that would 14 allow him to provide this information to the Court with that 15 motion. 16 (requesting “[a]ll documents referring or relating to ordering 17 food supplies for California Nordstrom restaurants during the 18 class period”). 19 See, e.g., Pl.’s Request for Production No. 60 IT IS SO ORDERED. 20 21 22 Dated: 6/4/2012 CLAUDIA WILKEN United States District Judge 23 24 25 26 27 28 2

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