Martinez et al v. Antique & Salvage Liquidators, Inc.

Filing 86

ORDER DENYING 52 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Howard R. Lloyd on 3/7/2011. (hrllc1, COURT STAFF) (Filed on 3/7/2011)

Martinez et al v. Antique & Salvage Liquidators, Inc.

Doc. 86

1 2 3 4 5 6 7 8 9 10

** E-filed March 7, 2011 **

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EDWIN MARTINEZ, et al., Plaintiffs, v. [Re: Docket Nos. 52, 71, 73] ANTIQUE & SALVAGE LIQUIDATORS, INC., et al., Defendants. ____________________________________/ This is a wage-and-hour action between Edwin Martinez, Roger Lindolfo, Wilmer Ruiz, Gabriel Franco, Oscar Rodriguez, and Amado Martinez (collectively, "Plaintiffs") and their former employer Antique & Salvage Liquidators, Inc. ("ASL") and its owner Howard Misle ("Misle") (collectively, "Defendants").1 Plaintiffs bring various claims for violation of state and federal labor statutes. Docket No. 29. Plaintiffs moved to compel a further Misle to produce certain of his "sent" emails in response to their Request for Production of Documents ("RFP") No. 9. Docket No. 52. On February 8, 2011, this Court took Plaintiffs' motion under submission and instructed Misle to submit an additional declaration describing in detail the steps he takes when deleting emails, whether received or sent, from either of his two email accounts and stating when he began to delete emails according
1

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

No. C09-00997 HRL ORDER DENYING PLAINTIFFS' MOTION TO COMPEL

For the Northern District of California

Plaintiffs' claims against four other defendants were voluntarily dismissed via stipulation of the parties on January 20, 2011. Docket No. 64.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10

to these steps and whether he began doing so before or after he first received notice of Plaintiffs' claims. Docket No. 71. Misle filed a declaration meeting these requirements, and the Court is satisfied that he has no additional emails to produce to Plaintiffs. Docket No. 73. Accordingly, the Court DENIES Plaintiffs' motion to compel.

IT IS SO ORDERED. Dated: March 7, 2011 HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

For the Northern District of California

2

1 2 3 4 5 6 7 8 9 10

C09-00997 HRL Notice will be electronically mailed to: Adam Wang Adam Lee Pedersen Donn Waslif Elizabeth Marie Pappy Mark B. Fredkin [e-mail], [e-mail], [e-mail] [e-mail] [e-mail], [e-mail], [e-mail] [e-mail], [e-mail] [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

For the Northern District of California

3