Cardoza et al v. Bloomin' Brands, Inc. et al

Filing 333

ORDER. The Court therefore ORDERS the parties to conduct a meet-and-confer on these issues no later than August 11, 2015. The parties shall file, no later than August 14, 2015, either a stipulation with a joint position or supplemental briefs. Signed by Magistrate Judge Nancy J. Koppe on 8/5/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BROOKE CARDOZA, et al.,
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Plaintiff(s),
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vs.
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BLOOMIN’ BRANDS, INC., et al.,
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Defendant(s).
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Case No. 2:13-cv-01820-JAD-NJK
ORDER

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Pending before the Court are the parties’ competing proposals for conducting opt-in discovery.

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Docket Nos. 331, 332. Defendants’ proposal appears to be geared toward obtaining discovery both with

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respect to the FLSA collective action, and the Rule 23 class actions. See, e.g., Docket No. 332 at 5

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(asserting that discovery of the opt-in plaintiffs is needed for, inter alia, Plaintiffs’ motion for class

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certification under Rule 23). To that end, Defendants’ proposal seeks the selection of a certain number

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of opt-in plaintiffs from states with sub-classes, and that they may depose persons who submit

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declarations in support of class certification. See id. at 11, 12. For their part, Plaintiffs state that their

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proposal relates “only to the FLSA opt-in plaintiffs and claims, and not to Plaintiffs’ Rule 23 class

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claims, as discovery of such claims does not require sampling.” Docket No. 331 at 4.

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The Court finds the parties’ positions to be insufficiently developed as they relate to discovery

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related to Rule 23 class issues. The Court therefore ORDERS the parties to conduct a meet-and-confer

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on these issues no later than August 11, 2015. The parties shall file, no later than August 14, 2015,

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either a stipulation with a joint position or supplemental briefs of no more than five pages regarding the

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above issues.

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IT IS SO ORDERED.

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DATED: August 5, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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