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

Filing 340

ORDER re Discovery Signed by Magistrate Judge Nancy J. Koppe on 8/18/15. (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. The Court has also received supplemental filings regarding issues related to Rule

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23 class discovery. Docket Nos. 335, 337. The Court finds the matter properly decided without oral

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argument. See Local Rule 78-2. Having carefully considered the parties’ positions, the legal authority

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cited, and the record, the Court hereby rules as follows:

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•

For written discovery, 10% of the opt-in plaintiffs shall be randomly selected, consisting

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of at least 30 individuals from Illinois, Maryland, New York, North Carolina, and Ohio,

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and five individuals from every other state where there are opt-in plaintiffs;1

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•

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Defendants may serve up to 20 interrogatories, 10 requests for production, and 20
requests for admission on each randomly selected opt-in plaintiff;

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The Court finds this to be an appropriate limit on individualized discovery in light of the
circumstances of this case. See, e.g., Cranney v. Carriage Servs., 2008 U.S. Dist. Lexis 113606, *15-16 (D.
Nev. June 16, 2008); see also Fed. R. Civ. P. 26(b)(2)(C).

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For depositions, Defendants may take up to 95 depositions consisting of depositions of

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opt-in plaintiffs who were chosen for written discovery, or any other plaintiff who

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submitted a declaration in support of conditional collective action certification, final

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collective action certification, or Rule 23 class certification. The deponents will be of

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Defendants’ choosing. Each deposition shall be limited to four hours, excluding cross

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examination and redirect.

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Plaintiffs may take one deposition for each deposition taken by Defendants of the opt-in

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plaintiffs. Plaintiffs may take depositions of a store manager, the joint venture partner

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or regional venture partner for each opt-in plaintiff who has been deposed by Defendants.

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Each deposition shall be limited to four hours, excluding cross examination and redirect.

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•

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The parties shall meet-and-confer on a mutually agreeable time and location for each
deposition.

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If an opt-in plaintiff fails to comply with a deadline for written discovery or appear at

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deposition, the parties shall meet and confer regarding the appropriate solution for

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moving forward. If the parties cannot reach an agreement without court intervention,

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Defendants may seek appropriate relief at the appropriate time, including moving to

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strike any declaration submitted by that opt-in plaintiff. The Court herein expresses no

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opinion as to the merits of such a motion.

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IT IS SO ORDERED.

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DATED: August 18, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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