Opinion
1:13-cv-02059-AWI-BAM
09-27-2022
JERROD FINDER, on behalf of himself and a class of others similarly situated, Plaintiff, v. LEPRINO FOODS COMPANY, a Colorado Corporation; LEPRINO FOODS DAIRY PRODUCTS COMPANY, a Colorado Corporation; and DOES 1-50, inclusive, Defendants.
ORDER ON DISCOVERY PERIOD
On November 15, 2016, the Court consolidated Finder v. Leprino, 1:13-cv-2059-AWI-BAM and Talavera v. Leprino, 1:15-cv-105-AWI-BAM. See Doc. No. 63. In issuing its order, the Court acknowledged that “[i]n Talavera, the parties have completed class certification-related discovery and [filed] a motion for class certification,” but “[i]n Finder, the Court understands that no discovery has been conducted.” Id. at 6. This distinction in discovery status is significant because the pending Talavera motion for class certification covers only the time period between 01/21/2011 and 09/12/2016 while the time period covered in Finder dates back to 12/17/2009. Id. at 6, 8; see also Doc. No. 136 at 1-2. In other words, discovery and class certification briefing are complete for the time period between 01/21/2011 and 09/12/2016 but not for the earlier time period between 12/17/2009 and 01/20/2011. Accordingly, the Court noted it would be required to both “maintain separate discovery procedures” and “delay [] the Talavera Action to allow discovery in the Finder Action.” Doc. No. 63 at 6, 8.
In light of the parties' representation that no discovery has been conducted for Plaintiff's claims covering the time period between 12/17/2009 and 01/20/2011, it is appropriate to have the parties jointly file a Discovery Plan to investigate Plaintiff's claims covering this time period. See Ramirez v. Zimmerman, 2019 U.S. Dist. LEXIS 81336, *3 (S.D. Cal. May 14, 2019) (“Following the consolidation, the parties submitted a joint discovery plan, the Court held a case management conference, and issued a Consolidated Scheduling Order.”); Vazquez v. Kraft Heinz Foods Co., 2018 U.S. Dist. LEXIS 67163, *3 n.1 (S.D. Cal. Apr. 19, 2018) (stating “several cases were consolidated to the present action and the parties were ordered to file a new Joint Discovery Plan to ‘supersede the Joint Discovery Plan' previously filed”); Rainero v. Archon Corp., 2013 U.S. Dist. LEXIS 159696, *3-4 (D. Nev. Nov. 7, 2013).
Accordingly, IT IS HEREBY ORDERED that
1. as soon as possible but no later than ten (10) days from service of this Order, the parties shall jointly file a Discovery Plan regarding Plaintiff's claims covering the time period between 12/17/2009 and 01/20/2011. The Discovery Plan shall include dates when the parties are required to file supplemental briefing to the pending Talavera motion for class certification to account for this time period.
2. The case is referred back to the Magistrate Judge for purposes of reviewing the Discovery Plan and setting a new scheduling order.
IT IS SO ORDERED.