Antoine et al v. Capitol Del Grande 2, Inc.

Filing 35

ORDER by Magistrate Judge Howard R. Lloyd re 34 Discovery Dispute Joint Report No. 2. (hrllc2S, COURT STAFF) (Filed on 11/6/2017)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

FRANKIE ANTOINE, et al.,
Plaintiffs,

13

ORDER RE DISCOVERY DISPUTE
JOINT REPORT NO. 2

v.

14
15

Case No.5:17-cv-00542-LHK (HRL)

CAPITOL DEL GRANDE 2, INC., et al.,

Re: Dkt. No. 34

Defendants.

16
17
18

Plaintiffs, former employees of Capital Chevrolet, sue for racial discrimination and

19

retaliation. In a prior discovery order, the court addressed plaintiffs’ requests for documents in the

20

personnel files of nine non-parties, each a present or former employee of defendants, for

21

information about “work place conduct.” The court limited the production to race-based conduct,

22

broadly construed.

23

Now, plaintiffs are seeking pretty much the same kind of broad, sweeping information they

24

wanted previously, but this time it is for documentation of any allegations that any employee

25

engaged in “harassment, discrimination, bullying, or any other inappropriate conduct toward a co-

26

worker.”

27
28

The court agrees with defendants that the information to be produced should be about racebased conduct, as broadly defined in the previous court order, at the Capitol Chevrolet location

1

only. Production should include copies of civil complaints or arbitration demands about race-

2

based conduct. Copies of settlement agreements need not be produced.
Production shall take place by November 9th in order that depositions may proceed on

3
4

November 14th.1
SO ORDERED.

5
6

Dated: November 6, 2017

7
8
HOWARD R. LLOYD
United States Magistrate Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1

28

The court warns the parties that they cannot assume the court will always be able to put aside its
other, equally pressing matters to give instant attention to their discovery disputes.
2