ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO COMPEL DOCUMENT PRODUCTION
ORDER GRANTING IN PART AND DENYING IN PART NON-PARTY J.L. PADILLA & SONS LABOR SERVICE, INC.’S MOTION TO QUASH
Previously, Silvestre Soto and Olga Galvan sought an order compelling the production of documents by Castlerock Farming and Transport, Inc. (“Castlerock” or “Defendant”). In addition, non-party J.L. Padilla & Sons Labor Service, Inc. (“Padilla & Sons”), moved to quash a subpoena duces tecum served by Plaintiff.
On July 8, 2011, the Court issued a decision granting Plaintiff’s motion to compel the production of documents, and granting in part the motion to quash. (Doc. 61). However, by and through this order, the prevision decision is VACATED. For the following reasons, Plaintiffs motion to compel production the production of documents is GRANTED IN PART AND DENIED IN PART. Non-party Padilla & Sons’ motion to quash the subpoena is GRANTED IN PART AND DENIED IN PART.
FACTUAL AND PROCEDURAL HISTORY
On March 5, 2004, Arnaldo Lara, Mario Laveaga, Mirna Diaz, Paula Leon, and Raul Diaz, individually and acting for the interests of the general public, (“Lara Group”) initiated an action in the Kern County Superior Court against Rogelio Casimiro, doing business as Golden Grain Farm Labor. (Doe. 41, Exh. A). The Lara Group added Castlerock as a defendant in that action in the second amended complaint filed September 12, 2005. (Doc. 41, Exh. B).
On November 9, 2005, Plaintiffs’ counsel initiated an action against table grape growers based in Kern County, including Castler-ock, D.M. Camp & Sons; Marko Zaninovieh, Inc.; Sunview Vineyards of California; Gui-marra Vineyards Corp.; El Ranch Farms; Stevco, Inc; and FAL Inc.
Defendants to the Doe action, including Castlerock, filed motions to dismiss the operative complaint, which were granted by the Court on March 31, 2008. Likewise, motions to sever the action were granted, and the
On April 20, 2009, Silvestre Soto and Olga Galvan filed their complaint against Defendant Castleroek for the following: violation of the Agricultural Workers Protection Act, 29 U.S.C. § 1801, et seq.; failure to pay wages; failure to pay reporting time wages; failure to provide rest and meal periods; failure to pay wages of terminated or resigned employees; knowing and intentional failure to comply with itemized employee wage statement provisions; penalties under Labor Code § 2699, et seq.; breach of contract; and violation of unfair competition law. (Doc. 1). The action was brought “on behalf of Plaintiffs and members of the Plaintiff Class comprising all non-exempt agricultural, packing shed, and storage cooler employees employed, or formerly employed, by each of the Defendants within the State of California.” Id. at 4.
On July 8, 2011, the Court found Silvestre Soto and Olga Galvan established a prima facie showing of class certification for purposes of discovery because commonality and typicality was demonstrated through the testimony of Soto, Galvan, and class member Javier Garcia. (Doc. 61 at 8-10). Based upon this finding, the Court granted the motion to compel document production. Id. at 9. In addition, the Court and granted in part and denied in part non-party Padilla & Sons’ motion to quash, finding “the documents sought in the subpoena duces tecum are relevant to Plaintiffs’ action against Castleroek because Plaintiffs have established common questions of law and fact to assert the class claims for which they seek discovery.” Id. at 15.
On November 1, 2011, Plaintiff Olga Gal-van voluntarily dismissed the action leaving only Silvestre Soto as a named plaintiff. (Doc. 93). Because the Court’s finding there was a prima facie case for class certification was influenced by Ms. Galvan’s status as a class representative who asserted “injuries similar to another class member” (Doc. 61 at 9), the Court found it was appropriate to exercise its inherent power to reconsider the motions compelling document production and to quash the deposition subpoena.
In accordance with the Court’s order, Sil-vestre Soto (“Plaintiff’) filed a supplemental brief on January 18, 2012. (Doc. 102). Defendant filed its amended supplemental brief on February 9, 2012 (Doc. 107), and lodged the transcript of Plaintiff with the Court on February 21, 2012.
SCOPE OF DISCOVERY
The scope and limitations of discovery are set forth by the Federal Rules of Civil Procedure and Evidence. In relevant part, Rule 26(b) states:
Unless otherwise limited by court order, parties may obtain discovery regarding any nonprivileged manner that is relevant to any party’s claim or defense—including the existence, description, nature, custody, condition, and location of any documents or*498 other tangible things ... For good cause, the court may order discovery of any matter relevant to the subject matter involved in the accident. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.
Fed.R.Civ.P. 26(b). Relevant evidence is defined as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed.R.Evid. 401 (emphasis added). Further, relevancy to a subject matter is interpreted “broadly to encompass any matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case.” Oppenheimer Fund, Inc. v. Sanders,
MOTION FOR PRODUCTION OF DOCUMENTS
I. Requests for Production of Documents
A propounding party may request documents “in the responding party’s possession, custody, or control.” Fed.R.Civ.P. 34(a). A request is adequate if it describes items with “reasonable particularity;” specifies a reasonable time, place, and manner for the inspection; and specifies the form or forms in which electronic information can be produced. Fed.R.Civ.P. 34(b). Further, a request is sufficiently clear and unambiguous if it “places the party upon ‘reasonable notice of what is called for and what is not.’ ” Kidwiler v. Progressive Paloverde Ins. Co.,
Upon receipt of a discovery request, a party must respond in writing and is obligated to produce all specified relevant and non-privileged documents, tangible things, or electronically stored information in its “possession, custody, or control” on the date specified. Fed.R.Civ.P. 34(a). In the alternative, a party may state an objection to a request, including the reasons. Fed.R.Civ.P. 34(b)(2)(A)-(B). When a party resists discovery, he “has the burden to show that discovery should not be allowed, and has the burden of clarifying, explaining, and supporting its objections.” Oakes v. Halvorsen Marine Ltd.,
II. Rule 23 Prerequisites and Discovery
Generally, a class action requires that joinder of all members of a class be impracticable (“numerosity”), common questions of law or fact to the class (“commonality”), claims or defenses of representatives be typical of the proposed class (“typicality”), and the representative parties “fairly and adequately protect the interests of the class” (“adequacy of representation”) Fed.R.Civ.P. 23(a); Staton v. Boeing Co.,
When a party seeks discovery related to class discovery, a court may require the plaintiff to make a prima facie showing that the requirements of Rule 23 are satisfied, or that the discovery sought is likely to substantiate the class claims. See Mantolete v. Bolger,
III. Discussion and Analysis
Plaintiff alleges Defendant violated California wage and hour laws by requiring off-the-clock work and failing to compensate workers for all hours worked, forcing workers to purchase tools or otherwise supply their own tools, failing to provide daily rest periods and meal periods, failing to provide accurate itemized wage statements, and failing to maintain accurate time-keeping records. (Doc. 1 at 5-6). Accordingly, Plaintiff seeks the following categories of documents:
1. Company Policies and Practices—Requests Nos. 9,10,12,13 (policies communicating rest and meal breaks and relieving employees of work duties during these breaks) and 15 (pay rates).
2. Timekeeping Records—Requests Nos. 3. 4, 5, 6, 7 (timekeeping, time cards, time-sheets, start and stop times, time records, reports or summaries of time worked, work schedules), 8 and 11 (scheduling of rest and meal breaks).
3. Payroll Records—Requests Nos. 1 (payroll records), 2 (itemized wage statements), 16 and 19 (piece rate or bonus payments, including overtime calculations).
(Doc. 39 at 6). Plaintiff asserts he is “entitled to discovery relating to class certification issues,” and there is good cause for the discovery sought because “the time and payroll information is not only relevant but critical to establish numerosity, commonality and typicality for purposes of class certification.” Id. at 16.
According to Plaintiff, “Defendant has refused to produce information except for records relating to [farm labor contractor] Golden Grain and only for the period of approximately 2003 to 2005, about 20% of the class period.” (Doc. 39 at 4). Defendant asserts that the company produced over 18,-500 pages of documents though the records produced were “at least six years old and resided only in hard copy,” and the production required “many dozens of hours gathering, sorting, and copying” the documents. (Doc. 40 at 5). Defendant argues the records produced “pertain to hundreds of workers” who were employed by Golden Grain, the farm labor contractor which employed Plaintiff. Id. at 6.
Defendant asserts Plaintiffs discovery requests cause an undue burden and are extremely intrusive.
A. Prima facie showing of class certification
Plaintiff contends Ms. Galvan’s changed status from class representative to putative class member has no effect upon whether a prima facie showing of class is demonstrated. (Doc. 102 at 3-4). Plaintiff asserts he made a prima facie showing of the Rule 23 claims with declarations “which confirm that Cast-lerock remains in control of the working conditions no matter which FLC is brought on to assist with supervision and payroll.” (Doe. 39 at 3).
Plaintiff asserts his declaration and that of Javier Garcia establish “Castlerock hires and fires employees, sets and enforces the practices governing wages, schedules and working conditions, and directly and indirectly supervises employees.” Id. at 3. Plaintiff alleges, “Castlerock remains in control of the working conditions no matter which FLC is brought on to assist with supervision and payroll.” Id. According to Plaintiff, “the testimony of a class member can support a discovery order,” and he has demonstrated a prima facie showing of a certifiable class. (Doc. 102 at 4).
On the other hand, Defendant asserts Plaintiff has not made a prima facie showing of a certifiable class. (Doc. 40 at 12; Doc. 107 at 12-16). Further, Defendant contends Plaintiff is unable to do so because the Complaint does not make a prima facie showing, and lacks factual assertions to support either the claims or class certification:
Plaintiff’s Complaint is devoid of facts and does little more than recite various provisions of wage-and-hour law that baldly assert that Castlerock failed to comply with them. See generally Doc. 1. The Complaint does not allege facts showing that Castlerock and all of its FLCs had a policy or practice of committing the same alleged wage-and-hour violations. The Complaint also says nothing concrete about how the plaintiff is similarly situated to all other Castlerock direct employees or the employees of other FLCs.
(Doc. 107 at 13) (see also Doc. 40 at 12-13). Defendant asserts the evidence provided by Plaintiff does not make a prima facie showing of a certifiable class, because the declarations are unreliable and contradicted by deposition testimony.
According to Defendant, “even if the declarations were not intentionally perjurious, they are unreliable and cannot carry plaintiffs burden to show a prima facie certifiable class.” Id. at 14. Also, Defendant contends even if the declarations are credited, “there is still an insufficient showing to carry plaintiffs burden” because Plaintiff presents anecdotal evidence from just six of the approximately 330 picking crews who worked at Castlerock during the 11 years from which plaintiff seeks pre-certification discovery.” Id. at 14.
Rule 23 requires common questions of law or fact and that the asserted claims or defenses of the representative parties be typi
1. Commonality
To have the requisite commonality, “[a]ll questions of fact and law need not be common ...” Hanlon v. Chrysler Corp.,
Plaintiff claims Defendant had policies “requiring employees to provide unpaid labor before and after the shift” by attending “school” in the morning before picking grapes and washing trays at home. (Doc. 46 at 7; Soto Depo. at 57:15-58:6, 145:20-146:25). Plaintiff asserts Defendant required “employees to incur costs relating to the purchase or maintenance of tools and equipment necessary for the job.” (Doc. 46 at 7). In addition, Plaintiff alleges Defendant “fail[ed] to provide requisite meal breaks ... and the require[d] paid rest breaks, and fail[ed] to pay all wages owed upon the termination of the employment relationship.” Id.
In support of his claims, Plaintiff reported the company “would not give us our rest and lunch breaks correctly (making us work during the ten to thirty minutes) and ... they did not reimburse me for the scissors that I had to buy in order to do my work.” (Soto Decl. ¶ 10; Doc. 38-5 at 4). However, at his deposition, Plaintiff contradicted many of his claims. For example, Plaintiff testified the foreman would yell out to take a break but Plaintiff kept working during the rest and meal breaks “to finish [the] quota.” (Soto Depo. at 108:14-109:5). In addition, Plaintiff reported the company provided scissors to the workers, which he and his wife used, although Plaintiff purchased scissors from Defendant one day when he forgot the scissors at home. (Id. at 47:19-48:25). Therefore, it does not appear Plaintiff would have standing to assert the claim that Defendant failed to provide rest and meal periods and failed to provide necessary tools to the workers.
On the other hand, Plaintiffs allegation that Defendant required off-the-clock work is supported by evidence from putative class members. Ms. Galvan testified she had “school” before she could start harvesting grapes, and that she was required to wash grape trays at home. (Galvan Depo. at 43:8-16; Doc. 46 at 15). Likewise, Javier Garcia declared that before opening time, he was required “to prepare the equipment and work area” and “to attend a daily meeting they called ‘school,’ ” where they were given work instructions. (Decl. of Garcia ¶¶ 5-6). According to Mr. Garcia, he was required to work after his shift, “such as finishing the job, doing the cleanup of [his] work area, storing items that were used in the harvest, and taking trays ... to wash at home.” Id. at 3.
Despite that Plaintiff appears to lack standing to raise several claims, his deposition testimony, as well as the testimony of Ms. Galvan and Mr. Garcia, provides evidence class members were required to work off the clock, either by attending school or taking trays home to wash after work. Therefore, Plaintiff has identified a common fact and legal issue, and the commonality
2. Typicality
Under Rule 23(a), “claims are ‘typical’ if they are reasonably co-extensive with those of absent class members” because the claims “need not be substantially identical.” Hanlon v. Chrysler Corp.,
Plaintiff and the putative class members report they were required to go to “school” before the official starting time and to take trays home and wash them. Thus, the class representative asserts injuries similar to class members, and the evidence suggests other class members have been similarly injured. Therefore, for purposes of this motion, Plaintiff has made a prima facie showing that his claims are typical to those of other class members.
3. Adequacy of Representation
Rule 23(a)(4) requires Plaintiffs to demonstrate that they will “fairly and adequately protect the interests of the class.” Representation is “adequate” if the class representatives have claims that are interrelated with interests of the class members. Falcon,
B. Relevance of the discovery requested
As discussed above, Plaintiff has stated a prima facie case for class certification in support of this motion, and is not required to establish that the requested discovery is likely to substantiate his class claims. See Mantolete,
In determining “the appropriate scope of discovery aimed, in whole or in part, at helping the district court determine issues of class certification,” this Court has observed that “[t]he mere fact that a lawsuit has been filed is not evidence of Plaintiffs’ claims.” United States EEOC v. ABM Indus.,
In contrast, here, Plaintiff presents his declaration and testimony, as well as the testimony of two potential class members which demonstrate commonality. Timekeeping and payroll records are relevant to Plaintiffs off-the-clock work claims, which are shared by putative class members.
On the other hand, Plaintiff is not entitled to discovery for the claims he is unable to pursue on behalf of a class. See Hawkins v. Comparet-Cassani,
C. “Overbroad” discovery requests and an undue burden
Defendant asserts the discovery requests are overbroad because Plaintiff “claim[s] to represent a wage-and-hour class of not just the persons on the plaintiffs crew, and not just persons employed by the same FLC, but instead a class of (i) all of Castler-ock’s direct employees since 2001 and (ii) all employees of any other FLC who performed work at a Castlerock ranch or facility since 2001.” (Doc. 40 at 6). Further, Defendant contends that the production Plaintiffs seek would include “hundreds of thousands of pages” because “[d]uring the relevant time period ... Castlerock had more than 150 direct employees, and did business with more than 120 FLCs. Locating and pulling these documents for production would take Cast-lerock well more than 100 hours of employee time.” Id. at 5, 8-9 (citations omitted).
To relieve the burden on a party, a court may order a “sampling” of records. See, e.g., Smith v. Lowe’s Home Ctrs.,
Defendants argue that the sampling methodology ordered earlier still will require productions of “tens of thousands of pages.” (Doc. 107 at 5) Therefore, the Court will order a reduced sample in order to minimize the burden on Defendant but which will still yield meaningful information to Plaintiff.
MOTION TO QUASH
I. Legal Standard
Under Federal Rule of Civil Procedure 45, any party may serve a subpoena that commands a non-party “to produce documents, electronically stored information, or tangible things ...” Fed.R.Civ.P. 45(a)(1)(C). Subpoenas are subject to the relevance requirements of Rule 26(b), and therefore may command the production of documents which are “nonprivileged [and] ... relevant to a party’s claim or defense.” Fed.R.Civ.P. 26(b)(1). However, a party serving a subpoena “must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.” Fed.R.Civ.P. 45(c)(1). In addition, a non-party subject to a subpoena duces tecum “deserve[s] extra protection from the courts.” High Tech Medical Instrumentation v. New Image Indus.,
Upon motion of the party opposing a subpoena, the court “must quash or modify a subpoena that ... subjects a person to undue burden.” Fed.R.Civ.P. 45(c)(3)(A). The party seeking to quash a subpoena has the “burden of persuasion.” Travelers Indem. Co. v. Metropolitan Life Ins. Co.,
II. Discussion and Analysis
Non-party J.L. Padilla & Sons Labor Services, Inc. (“Padilla & Sons”) seeks to quash a subpoena duces tecum served by Plaintiff, asserting “the requests are not reasonably calculated to lead to the discovery of relevant information in plaintiffs litigation against Castlerock and unduly burden Padilla & Sons.” (Doe. 24-1 at 3). Padilla & Sons asserts that the subpoena “is an abuse of the discovery process” because it is “overbroad, contains improper requests, and seeks documents that are not relevant, thus creating an undue burden ...” (Doc. 37 at 2,12).
In determining whether a subpoena poses an undue burden, courts “weigh the burden to the subpoenaed party against the value of the information to the serving party.” Travelers Indem. Co. v. Metropolitan Life Insur. Co.,
A. Relevance, breadth of the document request, and the time period covered
According to Padilla & Sons, the discovery sought is not relevant because the company was not created until 2005, and Padilla & Sons began supplying labor Castlerock after Golden Grain stopped providing this service. (Doe. 37 at 3). In addition,
Plaintiff has made a prima facie showing of class claims for discovery purposes.
B. Plaintiffs need of the documents
Padilla & Sons assert the Court should require Plaintiffs to exhaust their party discovery options before being allowed to conduct third-party discovery. (Doe. 37 at 12) (quoting Heilman v. Lyons,
In general, there is a preference for parties to obtain discovery from one another before burdening non-parties with discovery requests. See, e.g., Moon,
Moreover, when an opposing party and a non-party both possess documents, the documents should be sought from the party to the case. Nidec Corp. v. Victor Co. of Japan,
According to Padilla & Sons, responding to the document requests would result in a production of “tens of thousands of pages” because the company “has provided extensive farm labor services to Castlerock.” (Doc. 37 at 3-4). Jose Luis Padilla testified the company employed “[a]bout 600-700” individuals who worked at Castlerock. (Depo. of Padilla at 52, Doc. 42, Ex. 1. at 6). Also, Mr. Padilla testified that there were approximately 1,500 employees who worked for Padilla & Sons during the period for which documents are sought. (Id. at 10; Depo. of Padilla at 57). All records for these individuals are stored in 40-50 boxes in his house.
On the other hand, at his deposition, Mr. Padilla testified that the employment documents were maintained in electronic form and he and his bookkeeper had copies of the electronic employment records. Padilla fails to explain why production of these electronic records is overly burdensome or, in fact, why production of the electronic records would pose any real burden at all. Moreover, Padilla & Sons does not assert that producing the policies requested in the subpoena duces tecum would be overly burdensome or that they can be obtained from Defendant.
CONCLUSION
Plaintiff asserts the time and payroll records are relevant to class discovery “to establish numerosity, commonality and typicality for purposes of class certification.” (Doc. 39 at 16). Specifically, Plaintiff argues the information would establish common factual questions, such as whether Defendant kept track of start and stop times and compensated putative class members for time spent in “school.” (Doc. 39 at 16, n. 29). Significantly, district courts have found documents similar to those requested by Plaintiff are pertinent to the issues of class certification, in particular whether the prospective class is sufficiently numerous and whether the plaintiffs and putative class members have claims in common to support this method of litigation. See, e.g., Hill v. Eddie Bauer,
Further, as recognized by the Ninth Circuit, often pleadings will not resolve an issue of class certification “and some discovery will be warranted.” Vinole,
When the target of discovery is a non-party, the policy favoring liberal discovery may be tempered to protect a non-party from discovery that is unduly burdensome. See Dart Industries Co. v. Westwood Chemical Co.,
ORDER
Based upon the foregoing,
1. Plaintiff’s motion to compel discovery is GRANTED IN PART AND DENIED IN PART as follows:
a. Within 14 days of the date of service of this order, Defendant SHALL produce documents responsive to request number 15; and
b. Within 30 days of the date of service of this order, as to requests numbers 1, 2, 3, 4, 5, 6, and 7, Defendant SHALL produce a random sample of 50% of the timekeeping and payroll records from January, May and September for the odd-numbered years of the alleged class period and a random sample of 50% of the timekeeping and payroll records for March, July, and November for the even-numbered years of the alleged class period unless the parties agree to a different sampling method; and
c. In all other respects, the motion to compel is DENIED.
2. Non-party J.L. Padilla & Sons Labor Service’s motion to quash the deposition subpoena is GRANTED IN PART and DENIED IN PART. Padilla & Sons SHALL produce a copy of the electronic record of the employment records maintained by it (and which was described by Luis Padilla at his deposition) for the alleged class period and any responsive documents to the requests made in paragraphs (j), (k), (o), (p), (q), and (r) of the subpoena duces tecum, whether electronic or in paper format. In all other respects, the motion to quash is GRANTED.
IT IS SO ORDERED.
Notes
. Error! Main Document Only. On June 6, 2011, Plaintiffs requested that the Court take judicial notice of the initial complaint and the second amended complaint filed in Lara, et al. v. Casimiro, et al. (Doc. 41). The Court may take notice of facts that are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed.R.Evid. 201(b); United States v. Bernal-Obeso,
. Error! Main Document Only. For the same reasons set forth in n. 1, the Court may take judicial notice of its own records. Therefore, judicial notice is taken of the Court’s docket in Doe v. D.M. Camp & Sons,
. Error! Main Document Only. As a general rule, "[a]s long as a district court has jurisdiction over the case, it possesses the inherent procedural power to reconsider, rescind, or modify an interlocutory order for cause seen by it to be sufficient.” City of Los Angeles v. Santa Monica BayKeeper,
. In addition, Plaintiff argued the payroll and timekeeping records and documents evidencing labor practices were needed "to enforce the State's labor laws through the collection of penalties payable to the State and employees pursuant to the Private Attorneys General Act” ("PAGA”). (Doc. 39 at 2). Recently, the Court determined the PAGA claim had a one-year limitations period, and Plaintiff failed to comply with the notice requirements under PAGA. (Doc. 109). Therefore, the Court granted Defendant's motion for summary adjudication of the PAGA claim. Id. at 13. Consequently, the PAGA claim can no longer be a basis for discovery.
. This argument was not addressed in the Court's original consideration of the discovery motions, because Defendant failed to offer evidence or support thereto. Having been made aware of the deficiency in the argument, Defendant offers support for this assertion in its supplemental briefing. Because the supplemental
. Error! Main Document Only. The Court is not making findings related to class certification, but evaluates the certification factors at this time only for a determination of whether prima facie evidence has been shown.
. In addition, Defendant objects to the admission of the declaration of Silvestre Soto as evidence. Error! Main Document Only. The Court OVERRULES the objection to this declaration for purposes of this motion only. The Court finds the language "under penalty of perjury” was not contained in Mr. Soto’s declaration. However, he does attest that the declaration is "true and correct” and attests "under the laws of California.” This is "substantially" what is required by 28 U.S.C. § 1746.
. Error! Main Document Only. Notably, at the time the discovery motions were brought before the Court, and at the time of the hearing, the Supreme Court had not issued its decision in Wal-Mart, which clarified the requirements of a finding of commonality under Rule 23(a).
. One inference from the declaration of Javier Garcia is that because his supervisors, Dario and Raul, worked for Castlerock (at least initially), the requirements they imposed on the workers to work off-the-clock, were policies of Castlerock no matter which FLC was currently supplying the labor. An alternative inference is that the improper policies were those of Dario and Raul
. If the Court certifies a class in this case, Defendants will be required to produce records sufficient to address class liability and for class notice purposes. Clearly, this will result in duplicated effort. Thus, Defendants are free to produce all of the documents at this time.
. As discussed above, Plaintiff lacks standing to represent claims regarding a failure to provide rest and meal periods and failure to provide necessary tools (scissors) on behalf of the class, and as such discovery related to these claims is not relevant.
. However, it is unclear whether the boxes include records for individuals that would not be relevant to this action, such as those who worked at locations other than Castlerock, in which case Padilla & Sons would be required to sort through the information.