Long v. Destination Maternity Corporation et al

Filing 133

MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: A hearing on Plaintiff's "Motion to Compel Compliance with the Court's Discovery Order and Request for Sanctions" (Dkt # 103 ) was held. The Motion to Com pel is granted in part and denied in part. By 4/10/2017, Destination Maternity shall file and serve a declaration by a senior corporate officer, signed under penalty of perjury, detailing the specific actions taken to comply with each discovery reque st for which relief was granted in this order. In her Motion to Compel, Plaintiff also requests to extend Plaintiff's deadline for filing a motion for class certification; that request is denied. Signed by Magistrate Judge Ruben B. Brooks on 3/29/2017. (Plaintiff Attorney: Ashley Cruz) (Defendant Attorneys: Robert J. Hendricks, Alexis Gabrielson) (mdc)

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MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LONG v. DESTINATION MATERNITY CORP. ET AL

HON. RUBEN B. BROOKS

Case No.: 15cv2836 WQH (RBB)
Time Spent: 1 hr. 45 mins.

CT. DEPUTY VICKY LEE

Rptr. 1:32 p.m. – 2:48 p.m.
3:22 p.m. – 3:52 p.m.

Attorneys
Plaintiffs
Ashley Cruz

PROCEEDINGS:

☐ In Chambers

Defendants
Robert J. Hendricks
Alexis Gabrielson

☒ In Court

☐ Telephonic

A hearing on Plaintiff’s “Motion to Compel Compliance with the Court’s Discovery Order and Request for
Sanctions” (the “Motion to Compel”) [ECF No. 103] was held. For the reasons stated on the record, the Motion
to Compel is GRANTED in part and DENIED in part.
The Motion to Compel as to interrogatory number 1 is GRANTED. To the extent it has not done so already,
Defendant shall provide telephone numbers for putative class members Claudia Hernandez and Maria Zavala by
April 7, 2017. If Defendant does not have telephone numbers for these two individuals, it must serve Plaintiff
with a declaration from Aida Tejero-DeColli or another appropriate corporate representative stating under oath
that it does not have this information in its possession, custody, or control after a diligent search and describe
that search. The declaration must be served by April 7, 2017.
Plaintiff’s Motion to Compel as to request for production 29 is GRANTED. Defendant shall produce
unredacted responsive documents to Long by April 7, 2017. The Motion to Compel as to request for production
number 30 is DENIED. Plaintiff’s Motion to Compel as to requests for production 32, 35, 47, 49, 63, 66, and
71 is GRANTED. By April 7, 2017, Destination Maternity shall provide Long with an amended verification
from Aida Tejero-DeColli or another appropriate corporate representative stating under oath that Defendant
does not have responsive documents in its possession, custody, or control after a diligent search and describe
that search.
The Motion to Compel a response to request for production number 45 is GRANTED. Destination Maternity
shall produce the documents sought in this request no later than April 7, 2017. These documents must be
produced without redactions. All excel spreadsheets previously provided to Long in response to this request for
production shall be produced again with the prior redactions removed. Plaintiff’s Motion to Compel a response
to request for production 50 is GRANTED. Defendant shall produce or make all responsive documents to this
request available for inspection by April 7, 2017.
For requests for production 29, 45, and 50, the information shall be produced pursuant to the protective order in
this case [ECF No. 52]. The term “Confidential Information” in paragraph one of the protective order is
modified to include any “identifying and financial information for any covered employee of Destination
Maternity during the covered period.” The use of this information is limited to the same extent as other
confidential information and as described in paragraph seven and all other provisions of the protective order.

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LONG v. DESTINATION MATERNITY CORP. ET AL

Case No.: 15cv2836 WQH (RBB)

Plaintiff’s Motion to Compel as to the request for sanctions is GRANTED in part and DENIED in part. The
request for monetary sanctions is DENIED. Nevertheless, the Court issues the following sanction against
Defendant: By April 10, 2017, Destination Maternity shall file and serve a declaration by a senior corporate
officer, signed under penalty of perjury, detailing the specific actions taken to comply with each discovery
request for which relief was granted in this order.
In her Motion to Compel, Plaintiff also requests to extend Plaintiff’s deadline for filing a motion for class
certification; that request is DENIED.

DATE: March 29, 2017

IT IS SO ORDERED:
Ruben B. Brooks,
U.S. Magistrate Judge

cc: Judge Hayes
All Parties of Record