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)

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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

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