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Chavez v. Petrissans

September 5, 2008

GABRIEL CHAVEZ ET AL, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS, PLAINTIFFS,
v.
DENNIS PETRISSANS AND NANCY PETRISSANS (DOING BUSINESS AS "JAI ALAI DIARY") DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER GRANTING MOTION TO COMPEL IN PART

ORDER TO SEAL

(Document 16)

Plaintiffs individually and on behalf of all others similarly situated filed the instant discovery motion on July 25, 2008. The matter was heard on August 29, 2008, before the Honorable Gary S. Austin, United States Magistrate Judge. Stan Mallison appeared on behalf of Plaintiffs. Sue Ann Cercone appeared on behalf of Defendants.

BACKGROUND

On March 13, 2008, Plaintiffs filed a First Amended Complaint alleging failure to comply with state and federal labor laws. Specifically, Plaintiffs are bringing a class action case pursuant to F.R.C.P Rule 23 to recover wages, damages, and certain penalties for Defendants' violations of the Agricultural Workers Protections Act ("AWPA"), and a variety of state law claims including failure to pay overtime and minimum wages, failure to pay wages for split shifts, missed rests and meal periods, failure to pay vacation pay, failure to reimburse employee expenses, failure to pay wages when due, breach of contract and derivative remedies. Second, the case is brought pursuant to the procedures of the California Labor Code Private Attorney General Act § 2598 ("PAGA") to recover civil penalties for aggrieved employees.

Pursuant to the April 15, 2008 Scheduling Order, discovery is limited to class certification issues. On April 23, 2008, Plaintiffs issued production of documents in which the payroll and timekeeping records of potential class members were requested. On June 9, 2008, Defendants objected to the request.

In the instant motion, Plaintiffs are requesting that Defendants produce the documents forthwith and that court award Plaintiffs $5,250.00 in sanctions against Defendants for failure to comply with their discovery obligations. Defendants oppose Plaintiffs' motion and request that the court award sanctions against Plaintiffs in the amount of $2,500.00.

DISCOVERY AT ISSUE

There is one request at issue in this motion to compel Request No. 23: All documents identifying, relating to and constituting payroll records of employees (including but not limited to time cards) for the relevant time period, including without limitation DOCUMENTS RELATING TO:

a. The beginning and ending of each work period;

b. Beginning and ending of each meal period;

c. Split shift intervals;

d. Total daily hours ...


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