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Betty Dukes, et al v. Wal-Mart Stores

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 20, 2013

BETTY DUKES, ET AL., PLAINTIFFS,
v.
WAL-MART STORES, INC., DEFENDANT.

The opinion of the court was delivered by: Jacqueline Scott Corley United States Magistrate Judge

ORDER RE: DISCOVERY LETTER BRIEF (Dkt. No. 879)

Now pending before the Court is a Joint Discovery Letter Brief (Dkt. No. 879) wherein Plaintiffs seek to compel certain discovery subject to the Court's March 13, 2013 Order (Dkt. 19 No. 872). Plaintiffs seek: (1) further information regarding the Human Resources ("HR") data 20 Wal-Mart was ordered to provide, and (2) assistance scheduling a Rule 30(b)(6) deposition. 21 The Court has considered the parties respective positions and GRANTS Plaintiffs' requests as 22 set forth below. 23

1.HR Data

Wal-Mart has known for months that it had to produce HR data to Plaintiffs and that 25 this discovery was essential to Plaintiffs' motion for class certification. Wal-Mart was 26 ordered to produce all the HR data by March 14, 2013. Although it has done so, the HR data 27 is in a different form than the HR data previously produced. Plaintiffs therefore have 28 questions regarding the data which Wal-Mart has not responded to. Wal-Mart shall respond to all of Plaintiffs' outstanding written questions by the end of the day March 21, 2013. If 2 Plaintiffs still have questions regarding the data, the parties must participate in a conference 3 call on Monday, March 25, 2013 to discuss the issues. All parties must have all necessary 4 persons available during that conference call to address any substantive issues regarding the 5 data. 6

2.Rule 30(b)(6) Deposition

The Court's March 13, 2013 Order (Dkt. No. 872) required Wal-Mart to make a Rule 30(b)(6) designee(s) available for deposition. Wal-Mart has offered to make the designee 9 available for deposition on April 4, 2013 -- one week before Plaintiffs' motion for class 10 certification is due. Plaintiffs request an earlier date and ask that the witness be produced in 11 California. Wal-Mart shall make its Rule 30(b)(6) designee available for deposition in 12 Bentonville, Arkansas next week, March 25-29, 2013.

This Order disposes of Docket No. 879.

IT IS SO ORDERED.

20130320

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