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Brewer v. Salyer

January 8, 2010

ROBIN BREWER, PLAINTIFF,
v.
SCOTT SALYER, DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S DEPOSITION WITHOUT PREJUDICE

(Document 132)

ORDER GRANTING DEFENDANT'S MOTION TO STAY DISCOVERY IN PART

(Document 134)

On November 12, 2009, Plaintiff Robin Brewer, on behalf of himself and all others similarly situated ("Plaintiff"), filed the instant motion to compel the deposition of Defendant Scott Salyer ("Defendant"). On November 13, 2009, Defendant filed a motion to stay the action, or in the alternative, to stay discovery. Both motions were heard on January 8, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Howard Foster and Matthew Galin appeared on behalf of Plaintiffs. James Mayo and Malcolm Segal appeared on behalf of Defendant.

BACKGROUND

On September 26, 2006, Plaintiffs filed this class action against Defendant, President of non-party SK Foods.*fn1 Plaintiffs' complaint is based on allegations that Defendant knowingly hired illegal immigrants at SK Foods for the purpose of depressing wage rates.

Plaintiffs filed an amended complaint on June 1, 2007, alleging that the Illegal Immigrant Hiring Scheme violates RICO, 18 U.S.C. § 1961, et seq. Plaintiffs further allege that Defendant personally approved the Scheme that his co-conspirators implemented. They allege that the conspiracy to perpetrate the Scheme is a violation of 18 U.S.C. § 1962(d) and that it will not stop without judicial intervention. Plaintiffs seek judgment in an amount equal to three times the damage caused by Defendant's racketeering activity/Scheme, pursuant to 18 U.S.C. § 1964(c), as well as attorneys' fees and costs.

On May 18, 2009, the Court granted Plaintiffs' motion for class certification and defined the class as "All Seasonal Hourly Wage Earners employed by SK Foods between June 1, 2003, and June 1, 2008." The Court subsequently granted Plaintiffs' motion to expand the class to "include all seasonal workers employed by SK Foods from September 22, 2002, to the date of filing a second amended complaint." Plaintiffs' Second Amended Complaint reflecting the expanded class was filed on July 21, 2009.

Defendant filed his answer on July 29, 2009. Discovery has been bifurcated between issues related to the class and issues related to merits discovery.

On November 12, 2009, Plaintiffs filed the instant motion to compel Defendant's deposition and overrule his Fifth Amendment objections.

On November 13, 2009, Defendant filed a motion to stay the action, or in the alternative, stay discovery.

DISCUSSION

According to Defendant, he is the principal target of a Grand Jury-based criminal investigation in this District based in part on his role as the sole owner, through a corporation and trust, and as the President, CEO and Manager of SK Foods. The investigation, which became public in April 2008, began with the issuance of wiretaps and included the issuance of search warrants of Defendant's home and various offices of SK Foods. The investigation is ongoing and indictments issued against managerial employees allege that a senior officer of the company is a co-conspirator. Defendant has been recently added to a ...


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