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