Oseguera et al v. Zhu et al

Filing 56

Discovery Order. Signed by Judge Robert M. Illman on 2/11/2019. (rmilc2, COURT STAFF) (Filed on 2/11/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 ALFONSO OSEGUERA, et al., Plaintiffs, 9 10 United States District Court Northern District of California 11 Case No. 17-cv-03252-PJH (RMI) ORDER v. Re: Dkt. No. 52 LONGHUA ZHU, et al., Defendants. 12 13 14 On February 6, 2019, at 10:00 am, the court conducted a hearing regarding a discovery 15 dispute concerning Plaintiffs’ Request for Production of Documents and Special Interrogatories 16 propounded to Defendants, as well as an opt-out process conducted by Defendants. Having 17 considered Parties’ arguments, and for the reasons stated on the record, the court hereby ORDERS 18 as follows: 19 20 1. Within ten (10) calendar days of February 6, 2019, Defendants will provide Plaintiffs verified supplemental responses regarding employees’ contact information, including addresses and 21 22 23 24 25 26 27 28 telephone numbers. As to any such information that Defendants do not possess, Defendants shall certify that fact to Plaintiffs within that same ten-day period. 2. Within thirty (30) calendar days of February 6, 2019, Defendants will provide Plaintiffs all payroll and timekeeping documents for all current or former employees, who did not sign optout notices, and who worked or work for Defendants during the relevant time period. 1 3. Plaintiffs’ request for payroll and timekeeping documents of those employees who have 2 signed opt-out notices is DENIED. If Plaintiffs believe that they are entitled to receive payroll 3 and timekeeping documents for those employees who have signed opt-out notices, after 4 following the meet and confer procedures, the Parties may submit a joint letter brief, including 5 supporting authority, to the court. 6 7 4. Within thirty (30) calendar days of February 6, 2019, Defendants will grant Plaintiffs’ expert reasonable access to Defendants’ Point of Sale Records during regular business hours. 8 9 Defendants shall make all Point of Sale Records of the relevant time period available and Plaintiffs’ expert shall download electronic Point of Sale Records at Fusan Corporation’s 11 United States District Court Northern District of California 10 restaurant address at Plaintiff’s sole expense. 12 13 5. The Parties shall agree on a stipulated protective order. Documents and information to be produced by Defendants as set forth above may be marked for protection if appropriate. 14 15 16 IT IS SO ORDERED. Dated: February 11, 2019 17 18 ROBERT M. ILLMAN United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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