Liu et al v. Win Woo Trading, LLC et al

Filing 173

ORDER by Judge Kandis A. Westmore regarding Plaintiffs and Safety Trucking's 171 4/24/16 Discovery Letter Brief re: Original Time Reports. (kawlc1, COURT STAFF) (Filed on 4/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KUANG XUAN LIU, et al.,

Case No. 14-cv-02639-KAW

Plaintiffs,
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ORDER REGARDING 4/24/16 JOINT
LETTER RE: ORIGINAL TIME
REPORTS

v.
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WIN WOO TRADING, LLC, et al.,

Re: Dkt. No. 171

Defendants.

United States District Court
Northern District of California

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On April 24, 2016, Plaintiffs and Defendant Safety Trucking filed a joint letter in which

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Plaintiffs seek to compel the production of original copies of time reports for Plaintiffs and other

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truck drivers, which bear the signature of the particular driver, dated prior to November 16, 2011.

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(Joint Letter, Dkt. No. 171 at 1.) Specifically, Plaintiffs contend that certain time reports were

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altered to obscure the fact that Win Woo was listed as the employer. Id. Plaintiffs argue that these

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alterations benefit Win Woo, who has allegedly used the altered reports in depositions. (Joint

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Letter at 4.)

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Safety Trucking reiterates that many documents were lost, but that the print-outs were not

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altered. (Joint Letter at 5.) Rather, Jia Tun Zheng contends that any listing of Win Woo as the

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payor is a clerical error, because both companies used the same time card machine. (Decl. of Jia

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Tun Zheng, Dkt. No. 171-3 at 4 ¶¶ 5-7.) Any determination of whether this was a clerical error, or

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whether the corporate entities were operating as a single entity, is a question of fact to be decided

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by the jury.

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Accordingly, Safety Trucking is ordered to produce the original time reports and original

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corrected time reports for all truck drivers, dated prior to November 16, 2011, for inspection and

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copying at a mutually agreeable location within 14 days of this order. This includes those time

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reports that Safety Trucking contends erroneously list “Win Woo Trading” as the employer or

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“Department.” In the event that an original time report is not available, Safety Trucking shall

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furnish a reproduction that it authenticates as a true and correct copy of a business record. To the

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extent that any original time reports are in the possession of Win Woo, the Court is confident that

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those will also be made available at the agreed upon time of inspection.

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IT IS SO ORDERED.
Dated: April 28, 2016
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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