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Lopez v. Lassen Dairy Inc.

June 29, 2010

JOSE A. LOPEZ, JUAN CARLOS APOLINAR, JUAN JOSE ESTRADA SOTA, JUAN JOSE CERVANTES, ISMAEL CUEVAS, REYNAR MENDOZA, AND JESUS RODRIGUEZ, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS, PLAINTIFFS,
v.
LASSEN DAIRY INC. (DOING BUSINESS AS "MERITAGE DAIRY"); TULE RIVER FARMS INC.; TULE RIVER RANCH, INC.; BONANZA FARMS; AND WILLIAM VANDER POEL, SR., DEFENDANTS.



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

AGREED DISCOVERY ORDER REGARDING MOTIONS TO COMPEL (Documents 58, 59 & 62)

Plaintiffs JOSE A. LOPEZ, JUAN CARLOS APOLINAR, JUAN JOSE ESTRADA SOTA, JUAN JOSE CERVANTES, ISMAEL CUEVAS, REYNAR MENDOZA, AND JESUS RODRIQUEZ ("Plaintiffs"), by and through their counsel of record, Stan Mallison, Esq., of Mallison & Martinez; and Defendants, LASSEN DAIRY INC. doing business as "Meritage Dairy"; TULE RIVER FARMS INC; TULE RIVER RANCH, INC; BONANZA FARMS; and WILLIAM VANDER POEL, SR., (sometimes collectively referred to herein as "Defendants"), by and through their counsel of record, Gary N. Lento, Esq. and/or Olga A. Balderama, Esq., of Baker Manock & Jensen, PC., do hereby stipulate as follows:

WHEREAS, on June 18, 2010, counsel for Plaintiffs and Defendants appeared before Magistrate Judge Gary S. Austin for Plaintiffs' (1) Motion to Compel Further Responses to Plaintiffs' Second Set of Requests for Production of Documents, and (2) Motion to Compel Further Responses to Plaintiffs' Third Set of Requests for Production of Documents;

WHEREAS, Judge Austin required the parties to spend the entire day meeting and conferring, in person, in an attempt to resolve the discovery disputes referenced above, and return to Court at 3:00 p.m. to inform him of the status of the discussions;

WHEREAS, based on the representations of parties' counsel, Judge Austin continued the hearing on both Motions to Compel to Friday, June 25, 2010, at 9:30 a.m.;

WHEREAS, Defendants have filed a Motion for Summary Judgment; WHEREAS, pursuant to the Second Scheduling Order dated February 4, 2010, Doc. No. 56, the Motion for Summary Judgment is scheduled to be heard by the Honorable Lawrence O'Neill, on August 12, 2010 at 8:30 a.m.;

WHEREAS, the parties have agreed to resolve plaintiffs' current motions to compel, through the production of certain documents, information, and representations, as 16 described below,

NOW, THEREFORE, the parties, by and through their counsel, do hereby STIPULATE AND AGREE as follows:

1. The parties agree that the discovery dispute at issue here is limited to hourly employees who performed services at Meritage Dairy, from October 1, 2005 until the closure of Meritage Dairy, excluding office employees and Managers of Meritage Dairy.

2. Defendant Lassen Dairy, Inc. will produce 2007 timekeeping data, for all hourly employees who performed work at Meritage Dairy, from October 1, 2005 until the closure of Meritage Dairy. The 2007 data will be produced, by Tuesday, June 29, 2010, in the same (or similar) electronic data form as the 2008 data previously produced, unless defendants determine it is not available. Defendants agree that the 2007 data will be representative for purposes of the pending summary judgment and/or class certification motions for the period of 2007 and prior to 2007. If defendants determine that the data is unavailable, then defendants will state this.

Defendants will state whether or not the 2007 data would have contained lunch punches.

3. The parties agree for purposes of the summary judgment and/or class certification motions that the named plaintiffs' payroll documents are representative for the class and therefore will not produce any further payroll document and will not rely upon other payroll documents for the summary judgment or class certification motions.

4. Defendant Lassen Dairy, Inc. will produce all employee contact information for all employees of Lassen/Meritage except managers and office workers. This includes workers at Bonanza who also worked at Meritage. Defendant may exclude any workers who properly "opt- out" of the contact list --pursuant to the opt-out letter sent.

5. Defendant Lassen Dairy, Inc. attests that there are no schedules for rest and meal periods, and will not rely upon any such documents for either class certification or summary ...


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