Nye v. Burberry Limited
Filing
69
ORDER denying 63 Motion; The parties are ordered to submit a revised scheduling order within 14 days of this order. Signed by Judge Richard F. Boulware, II on 9/26/2019. (Copies have been distributed pursuant to the NEF - JM)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
8
BRETT NYE, individually and on behalf of all
other similarly situated,
ORDER
Plaintiff(s),
9
10
11
12
Case No. 2:16-cv-00702-RFB-DJA
v.
BURBERRY LIMITED
Defendant(s).
13
14
Before the Court is Defendant’s Motion to Preclude Disclosure [ECF No. 63]. Defendant
15
argues that the Court should not prevent discovery of putative plaintiffs who may be subject to an
16
arbitration agreement which would prevent their participation in any collective action in this case.
17
Defendant also argues that such information is confidential and its production would raise privacy
18
issues. Plaintiff argues that the Court has yet to determine the effect or not of the alleged arbitration
19
20
agreement on these putative class members. Plaintiff further argues that information regarding
21
these so-called arbitration plaintiffs would nonetheless be relevant to Plaintiff’s theory of liability
22
as to the scheme employed by the Defendant regarding alleged violations of federal law.
23
24
The Court finds that discovery shall proceed and apply to all 46 individuals. The Court
finds that their employment records are relevant and necessary to Plaintiff’s case. The Court does
25
26
not find that such production would be overly burdensome in this case. The Court further notes
27
that it has not ruled about the effect of the alleged arbitration clause in this case and whether or not
28
it would preclude participation in a collective action in this case. Finally, the Court notes that issues
1
of privacy can be addressed by a protective order that prevents Plaintiff from publicly disclosing
2
the confidential information shared in discovery regarding these 46 individuals.
3
Accordingly,
4
5
IT IS THEREFORE ORDERED that Defendants’ Motion to Preclude Disclosure is
6
[ECF No. 63] is DENIED. The parties are ordered to submit a revised scheduling order within 14
7
days of this order.
8
IT IS FURTHER ORDERED that Plaintiff shall not publicly disclose any of the
9
confidential information produced by Defendant in this case regarding the aforementioned 46
10
individuals.
11
12
DATED: September 26, 2019.
13
__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?