Delgado v. MarketSource, Inc.,

Filing 67

SECOND INTERIM ORDER re 59 Discovery Dispute re PAGA-Related Discovery. Parties' supplemental joint submission due by noon, 5/1/2019. Signed by Magistrate Judge Virginia K. DeMarchi on 4/29/2019. (vkdlc2S, COURT STAFF) (Filed on 4/29/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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RAY DELGADO,
Plaintiff,

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United States District Court
Northern District of California

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Case No.17-cv-07370-LHK (VKD)

v.
MARKETSOURCE, INC.,
Defendant.

SECOND INTERIM ORDER RE
DISCOVERY DISPUTE RE PAGARELATED DISCOVERY
Re: Dkt. No. 59

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The presiding judge having denied MarketSource, Inc.’s (“MarketSource”) motion to

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strike Mr. Delgado’s PAGA claim (Dkt. No. 66), the parties are directed to file a supplemental

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joint submission, advising this Court about the matters outlined in its Interim Order re Discovery

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Dispute re PAGA-Related Discovery, namely:

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1. The time required for MarketSource to provide responsive information and documents

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with respect to the five employees identified in Mr. Delgado’s amended initial

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disclosures;

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2. A procedure for assessing whether the termination and final wage payment data in

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MarketSource’s records (i.e. the PeopleSoft system) for a given terminated employee

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requires further investigation (e.g., whether a query of the PeopleSoft system reflects

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an apparent violation that may be due to data entry errors), and if so, what amount of

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time MarketSource would require to conduct such further investigation;

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3. If MarketSource contends that such further investigation would be prohibitively

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burdensome, a method for investigating and producing data for a statistically

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significant sample of the relevant terminated employees.

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Dkt. No. 65 at 2. The parties’ supplemental joint submission must be filed no later than noon,

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May 1, 2019.

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IT IS SO ORDERED.
Dated: April 29, 2019

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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