Saramiento v. Fresh Harvest, Inc., et al

Filing 102

Discovery Order following September 8, 2021 Hearing re 97 Joint Case Management Statement. Signed by Judge Susan van Keulen on 9/9/2021. (svklc1S, COURT STAFF) (Filed on 9/9/2021)

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Case 5:20-cv-07974-BLF Document 102 Filed 09/09/21 Page 1 of 4 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RIGOBERTO SARAMIENTO, et al., 8 Plaintiffs, 10 FRESH HARVEST, INC., et al., United States District Court Northern District of California Re: Dkt. No. 97 Defendants. 11 12 ORDER FOLLOWING SEPTEMBER 8, 2021 DISCOVERY HEARING v. 9 Case No. 20-cv-07974-BLF (SVK) The Court held a discovery hearing by Zoom on September 8, 2021 on discovery issues 13 arising out of the August 31, 2021 document production by Defendants Fresh Harvest and SMD, 14 as outlined in the Parties’ September 3, 2021 submission (Dkt. 97). As discussed at the hearing, 15 after considering the briefing currently before the Court and arguments of counsel, the Court 16 ORDERS as follows: 17 A. 18 Unless the Parties agree otherwise, documents must be produced electronically in native Defendants’ Document Production Format 19 format if that is how they are kept in the ordinary course of business. If necessary, Defendants 20 must retain outside technical support to comply with the production requirements and deadlines 21 set forth in this Order. 22 B. 23 For all supplemental searches ordered below, Defendants are to conduct further searches Fresh Harvest’s Production: Supplemental Searches 24 that comply with the requirements of Federal Rules of Civil Procedure and the rules of this Court 25 and that reflect a good faith and diligent search. Additional responsive documents, if any, are to 26 be produced by September 13, 2021. Also by September 13, 2021, Defendants must provide a 27 declaration(s) verifying that a reasonable and diligent search has been conducted according to the 28 rules and explaining how the searches were conducted. The declaration must describe the Case 5:20-cv-07974-BLF Document 102 Filed 09/09/21 Page 2 of 4 1 searches in sufficient detail to enable the Court to confirm that the searches comply with this 2 Order. For example, where a category of documents is stored in a specific location, the declaration 3 must identify the location and describe how that location was searched for responsive documents 4 (i.e., by search terms, by dates). If a category of documents is in the possession of a custodian or 5 custodians, the declaration must identify the likely custodians and how the relevant files were 6 searched. The foregoing are not exhaustive instructions but are merely exemplars of the level of 7 detail required to meet the Defendants’ burden of demonstrating that reasonable and diligent 8 searches have been conducted. 9 1. 10 Issue 1: Job Orders and Related Contracts, Payments, and Communications (RFP No. 1) The Court’s previous order at Dkt. 77-1 sets forth the scope of production, which does not 11 United States District Court Northern District of California include job orders. Defendant to conduct a supplemental search that complies with this Order. 12 13 14 15 16 17 2. Issue 2: Documents re Formation or Operation of Farm Labor Association for Growers (RFP No. 2) The Court’s previous order at Dkt. 77-1 sets forth the production requirements. Defendant to conduct a supplemental search that complies with this Order. 3. Issue 3: Records of Payments to Drivers (RFP No. 3) Defendant to conduct a supplemental search that complies with this Order. Defendant 18 must produce documents in the possession, custody, or control of Fresh Harvest and/or SMD 19 sufficient to show payment by any source to any driver during the relevant time period. At a 20 minimum, records to be produced must reflect who was paid, by whom, and the date of payment. 21 4. Issue 4: Log Books (RFP No. 5) 22 The Parties have met and conferred. If Defendant has not located such documents 23 following a diligent search, Defendant must provide a verified supplemental response by close of 24 business September 9, 2021. 25 26 5. Issue 5: Records Identifying Supervisors, Dispatchers, and Mechanics (RFP No. 9) The Parties have met and conferred. If Defendant has not located such documents 27 following a diligent search, Defendant must provide a verified supplemental response by close of 28 2 Case 5:20-cv-07974-BLF Document 102 Filed 09/09/21 Page 3 of 4 1 business September 9, 2021. 2 3 4 6. The Parties have met and conferred. Defendant has located responsive documents and must produce them by close of business September 9, 2021. 5 6 Issue 6: Application for Farm Labor Contracting License (RFP No. 14) 7. Issue 7: Separation Notices for All Drivers (RFP No. 16) If the response is that Defendant has not located such documents following a diligent 7 search, Defendant must provide a verified supplemental response by close of business 8 September 9, 2021. If Defendant has not yet conducted a diligent search as directed by this 9 Order, then Defendant must conduct a supplemental search that complies with this Order on the 10 deadline noted above. United States District Court Northern District of California 11 8. 12 Issue 8: Communications re Release or Waiver of Claims of Any Driver (RFP Set Two, Request No. 1) Defendant to conduct a supplemental search that complies with this Order. 13 14 C. 1. 15 16 2. 3. Issue 3: Log Books (RFP No. 4) See order on corresponding issue above. 21 22 Issue 2: Records of Payments to Drivers (RFP No. 2) See order on corresponding issue above. 19 20 Issue 1: Job Orders and Related Contracts, Payments, and Communications (RFP No. 1) See order on corresponding issue above. 17 18 SMD’s Production 4. Issue 4: WhatsApp Communications (RFP No. 9) Documents to be produced in native format by September 13, 2021. As directed above, if 23 necessary, Defendant must retain outside technical support to comply with this production 24 requirement. 25 26 5. Issue 5: Communications re Release or Waiver of Claims of Any Driver (RFP Set Two, Request No. 1) See order on corresponding issue above. 27 28 3 Case 5:20-cv-07974-BLF Document 102 Filed 09/09/21 Page 4 of 4 1 D. Scheduling Issues If there are any disputes regarding the supplemental productions or the declaration(s) that 2 are the subject of this Order, the Parties must meet and confer promptly, robustly and in good 3 faith. Any issues that cannot be resolved may be raised in a joint brief not exceeding 5 pages by 4 noon on September 17, 2021. 5 Depositions will be permitted on 4 days’ notice. Depositions may take place on the 6 weekends if necessary. The Court expects the Parties to work cooperatively to avoid surprise and 7 accomplish the orderly completion of depositions. Depositions will be completed by October 10, 8 2021, in light of the October 15, 2021 due date for Plaintiffs’ opposition to Defendants’ summary 9 judgment motion. 10 SO ORDERED. 11 United States District Court Northern District of California Dated: September 9, 2021 12 13 14 SUSAN VAN KEULEN United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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