Williams v. Lockheed Martin Corporation et al

Filing 119

ORDER denying without prejudice 116 Joint Motion for Discovery Dispute Determination and Staying PAGA-related Discovery. Signed by Magistrate Judge Mitchell D. Dembin on 1/27/12. (Dembin, Mitchell)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JENIFER WILLIAMS, an individual, on
behalf of herself, and on behalf of all persons
similarly situated,

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CASE NO. 09cv1669 WQH (MDD)
ORDER DENYING JOINT MOTION
FOR DETERMINATION OF
DISCOVERY DISPUTE WITHOUT
PREJUDICE AND STAYING PAGARELATED DISCOVERY

Plaintiff,
vs.

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[DOC. NO. 116]

LOCKHEED MARTIN CORPORATION,
Defendant.

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Before the Court is a Joint Motion for Determination of Discovery Dispute filed by the

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parties on January 20, 2012. (Doc. No. 116). Defendant also filed an additional opposition. (Doc.

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No. 117). Plaintiff filed this case as a class action and asserted seven claims for relief as follows:

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(1) unfair competition; (2) failure to pay overtime in violation of state law; (3) failure to provide

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wages when due; (4) failure to provide meal and rest periods; (5) failure to provide accurate

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itemized wage statements; (6) failure to pay overtime in violation of the federal Fair Labor

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Standards Act ("FLSA"); and, (7) for civil penalties pursuant to the California Labor Code Private

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Attorney General Act (“PAGA”), Cal. Lab.Code §§ 2698 et seq. Plaintiff’s motion to certify the

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class in this case was denied. (Doc. No. 92).

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At the heart of this discovery dispute is the question whether a plaintiff may maintain a
representative action under PAGA without meeting the class action certification requirements of

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09cv1669 WQH (MDD)

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Fed.R.Civ.P. 23. The Ninth Circuit has not yet ruled on this issue. The district courts are split.

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See Ivey v. Apogen Technologies, Inc., 2011 WL 3515936 *2-3 (S.D. Cal. 2011)(collecting cases).

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In Ivey, a District Judge of this Court ruled that PAGA contravenes federal procedural

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requirements by providing for recovery to unnamed non-parties and that such a claim must meet

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the class certification requirements of Rule 23. Id. at 3. On the other hand, another District Judge

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of this Court, in Rix v. Lockheed Martin Corporation, 09cv2063-MMA (NLS), a case virtually

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identical to the instant case but involving a different classification of employee, declined to dismiss

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plaintiff’s PAGA claim for failing to meet the requirements of Rule 23 on the grounds that at that

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stage of the litigation it was not clear that plaintiff could not seek to litigate a manageable claim.

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(Doc. No. 77). Since then, as the case information matured, the Magistrate Judge assigned to that

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case authorized defendant to file a challenge to plaintiff’s PAGA claim. Id. at Doc. No. 85.

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In the instant case, on January 25, 2012, Defendant moved to strike or dismiss Plaintiff’s

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PAGA claim. (Doc. No. 118). And, in connection with this discovery dispute, Defendant has

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asked this Court to stay PAGA-related discovery pending resolution of its motion in the District

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Court. (Doc. No. 116 at 9-10). The Court finds that the prudent course to take is to stay PAGA-

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related discovery pending a ruling by the District Court on Defendant’s motion. To do otherwise

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would result in potentially needless litigation as one side or the other likely would have to file

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objections to the resulting discovery order.

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Accordingly, the pending discovery motion is denied without prejudice and all PAGA-

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related discovery is stayed pending a ruling on Defendant’s motion to strike or dismiss Plaintiff’s

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PAGA claim.

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IT IS SO ORDERED:

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DATED: January 27, 2012

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Hon. Mitchell D. Dembin
U.S. Magistrate Judge

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09cv1669 WQH (MDD)