Funez et al v. E.M.S.P., LLC et al

Filing 34

ORDER: ORDERED that 21 Motion to Compel Discovery is GRANTED IN PART. FURTHER ORDERED that the Plaintiffs request to compel production of certain pages of Defendants franchise agreement is GRANTED. FURTHER ORDERED that the Plaintiffs request t o compel production of the Defendants franchise agreement in globo is DENIED. FURTHER ORDERED that the Parties are to provide the Court with a draft protective order signed by all parties no later than October 4, 2016. After the Protective Order is signed by the Court, the Court will release the responsive pages to the parties. Signed by Magistrate Judge Karen Wells Roby. (cml)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JESSICA MARILU ROSALEZ FUNEZ, ET
AL

CIVIL ACTION

VERSUS

NO:

E.M.S.P., LLC, ET AL

SECTION: “H” (4)

16-1922

ORDER
Before the Court is a Motion to Compel Discovery (R. Doc. 21) filed by Plaintiffs seeking
an order from the Court to compel Defendant to provide more complete responses to its written
discovery, provide a privilege log, and remove certain objections. Pursuant to the Court’s order,
the Defendants have produce to the Court responsive documents to Request for Production Nos.
21 and 22 concerning “all contracts or franchise agreements between Defendant and JaniKing. . .[and] all documents between Defendant and Jani-King concerning the classification of
those providing janitorial services and independent contractors” R. Doc. 21-2, p. 11. During oral
arguments, the Plaintiffs stated that they were looking for information relevant to the classification
of workers as either employees or independent contractors.
After conducting an in camera review, the Court believes that there may be certain pages
that are responsive to the Plaintiffs’ request. As such, the Court will order the Parties to draft a
protective order governing confidential information in this case and submit it to the Court. 1 Once
a protective order is in place, the Court will release the specific pages 2 to the Plaintiffs, and those
pages will be governed by the Protective Order. The Defendants must collect the remaining pages
of the franchise agreement from the Court no later than seven (7) days after the pages have been
released or the documents will be shredded.

1

Note, the undersigned has a draft consent protective order located on her chamber’s website, located at
http://www.laed.uscourts.gov/judges-information/judge/honorable-karen-wells-roby under “Sample Pleadings.”
2
The specific pages are: Franchise Operation Manual Exhibit I, Pages 1-4, 6, 7; Exhibit VI, Pages 4-6, 10.

Accordingly,
IT IS ORDERED that the Plaintiffs' Motion to Compel Discovery (R. Doc. 21) is
GRANTED IN PART.
IT IS FURTHER ORDERED that the Plaintiff’s request to compel production of certain
pages of Defendant’s franchise agreement is GRANTED.
IT IS FURTHER ORDERED that the Plaintiff’s request to compel production of the
Defendant’s franchise agreement in globo is DENIED.
IT IS FURTHER ORDERED that the Parties are to provide the Court with a draft
protective order signed by all parties no later than October 4, 2016. After the Protective Order is
signed by the Court, the Court will release the responsive pages to the parties.
New Orleans, Louisiana, this 29th day of September 2016.

KAREN WELLS ROBY
UNITED STATES MAGISTRATE JUDGE