Benedict v. Hewlett-Packard Company

Filing 52

ORDER re: Protective Order. Signed by Judge Lucy H. Koh on May 14, 2013. (lhklc2, COURT STAFF) (Filed on 5/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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ERIC BENEDICT, on behalf of himself and
classes of those similarly situated,

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Plaintiff,
v.
HEWLETT-PACKARD COMPANY,
Defendant.

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Case No.: 13-CV-0119-LHK
ORDER RE: PROTECTIVE ORDER

On May 8, 2013, pursuant to this Court’s Order, the parties submitted a Joint Letter Brief

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addressing whether Opt-In Plaintiffs in the instant case should be given access to Defendant’s

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discovery designated “CONFIDENTIAL.” ECF No. 39.

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The extent to which FLSA opt-in plaintiffs are subject to individualized discovery remains

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unsettled. See Hoffman v. Constr. Protective Servs., Inc., 541 F.3d 1175, 1179 (9th Cir. 2008)

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(noting that the district court in that action had recognized this area of the law as unsettled);

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Coldiron v. Pizza Hut, Inc., CV03-05865TJHMCX, 2004 WL 2601180 (C.D. Cal. Oct. 25, 2004)

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(recognizing two lines of cases regarding individualized discovery in opt-in class actions). In the

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parties’ Joint Letter Brief, neither party cites to precedent governing opt-in plaintiffs’ access to

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materials designated as confidential, or the implications of such access for individualized

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discovery. Furthermore, each of the cases Defendant cites as authority for opt-in discovery refers

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to discovery following conditional certification of an opt-in class. See Hill v. R&L Carriers Shared
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Case No.: 13-CV-0119-LHK
ORDER RE: PROTECTIVE ORDER

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Services, LLC, CV 09-1907 CW MEJ, 2010 WL 3769247, at *2 (N.D. Cal. Sept. 22, 2010);

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Coldiron, 2004 WL 2601180, at *2; Abubakar v. City of Solano, CIVS-06-2268LKKEFB, 2008

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WL 508911, at *2 (E.D. Cal. Feb. 22, 2008). In the instant case, Plaintiff’s Motion for Conditional

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FLSA Certification will be heard on September 19, 2013.

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The Court finds that at this stage of the litigation, prior to conditional certification, Opt-In

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Plaintiffs may access Defendant’s discovery designated “CONFIDENTIAL,” under the conditions

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Plaintiff proposes in the Joint Letter Brief. However, any Opt-In Plaintiff who chooses to access

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such material shall also be subject to reciprocal, reasonable, and appropriate discovery.

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IT IS SO ORDERD.

United States District Court
For the Northern District of California

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May 14, 2013

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 13-CV-0119-LHK
ORDER RE: PROTECTIVE ORDER