JOINT STIPULATION MEMORIALIZING AGREEMENT REGARDING PLAINTIFFS' DISCOVERY DISPUTE PURSUANT TO COURT'S ORDER FOLLOWING DISCOVERY HEARING

WILLIAM H. ALSUP, District Judge.

The Parties hereby file this joint stipulation pursuant to the Court's Order, filed May 21, 2015, which directed them to file a "joint stipulation memorializing their agreement regarding plaintiff's discovery dispute, including the agreed-upon deadline." [ECF 48]

WHEREAS, on May 14, 2015, Plaintiffs filed a letter for discovery relief pursuant to Paragraph 25 of the Court's Supplemental Standing Order, which addressed the timing and scope of Defendants' search for and production of documents in response to Plaintiff's First Set of Requests for Production of Documents. [ECF 41]

WHEREAS, on May 18, 2015, Plaintiffs filed a declaration identifying the Parties' telephonic and written meet-and-confer efforts on the issues. [ECF 43]

WHEREAS, on May 19, 2015, Defendants filed a response to Plaintiffs' discovery letter. [ECF 47]

WHEREAS, pursuant to the Court's Order rediscovery Hearing, filed May 15, 2015 [ECF 42], counsel for Plaintiffs and Defendants appeared in person for a three-hour meet-and-confer in the Court's jury room on May 21, 2015.

WHEREAS, during the in person meet-and-confer, counsel reached an agreement to resolve the discovery dispute, which they put on the record during the discovery hearing held by the Court after the meet-and-confer.

WHEREAS, the following memorializes the agreement of the Parties to resolve the pending discovery dispute concerning Plaintiffs' First Set of Requests for Production of Documents:

STIPULATION

1. For Requests 13-26, 34 & 35, Defendants will conduct a diligent search of all locations in the United States above the branch level at which responsive materials might plausibly exist, and produce all responsive non-privileged materials that are located (and a privilege log pursuant to FRCB 26(b)(5) for any materials withheld on the basis of a claimed privilege). By way of example only, a non-exhaustive list of possible locations and/or responsive materials includes, but is not necessarily limited to, the Dynamex Enterprise Computer System ("DECS"); the DECS manual; standard operating procedures (SOPs) to the extent not already produced; job descriptions, advertisements and postings pertaining to transportation service providers covered by the collective action allegations; instructions from Dynamex clients concerning deliveries; pitches/advertising materials directed toward Dynamex clients and/or potential clients; descriptions of the work of the engineering department concerning routing; and documents among dispatchers and management concerning rates of pay for the transportation service providers covered by the collective action allegations.

2. For Requests 1-12, Defendants will conduct a diligent search of all locations in the United States at which responsive materials might plausibly exist, and produce all responsive non-privileged materials that are located (and a privilege log pursuant to FRCB 26(b)(5) for any materials withheld on the basis of an asserted privilege). To the extent that types or categories of information pertaining to an individual plaintiff is voluminous and a complete production would not be pertinent to Plaintiffs' motion to facilitate notice under 29 U.S.C. § 216(b), Defendants will so notify Plaintiffs and the Parties will meet and confer in good faith to determine whether the production can be deferred until a later stage of the litigation.

3. For Request 27 (complaints), the Parties will meet and confer further regarding the scope of the search and production. The Parties agree that the production need not include complaints, investigations and questions pertaining solely to Lee, et al. v. Dynamex Operations West, Inc., (California Supreme Court, Case No. S222732); Chevez, et al. v. Dynamex, Inc., (San Bernardino Sup. Ct., Case No. CIVRS 807176); or Okeke v. Dynamex Operations East, Inc., Massachusetts Supreme Judicial Court docket SJC-11564.

4. For Request 32, the Parties will meet and confer regarding the terms, scope and timing of a production, including an ESI search protocol that might assist with the retrieval and production of responsive information.

5. No later than May 29, 2015, Defendants will produce all responsive, non-privileged materials located pursuant to the searches described in Paragraphs 1-2, above, which have not previously been produced. (The parties will meet and confer as to a later date for production of the privilege log, to the extent any responsive materials are withheld on claim of privilege.) Also by May 29, 2015, Defendants will file and serve an affidavit describing the search and production, which satisfies the requirements of the Court's Supplemental Standing Order at ¶ 13.

6. The Parties will further meet and confer after May 29, 2015, to determine whether Defendants' production of materials in Response to Requests 1-26, 34, 35, at that time fully resolves the discovery dispute (independent of any supplemental production that might otherwise be required under FRCP 26 & 34).

7. The Parties further stipulate that any production of discovery materials by Defendants pursuant to this stipulation will not constitute a waiver of whatever right Defendants may otherwise have to seek arbitration of the claims of Plaintiff [e.g., ECF 36], or the claims of any other individual that Plaintiff seeks to represent.

8. By agreeing to this stipulation, Plaintiffs do not waive whatever right they might otherwise have to seek production of information and materials responsive to other discovery requests that are not specifically addressed in this stipulation.

IT IS SO STIPULATED.

IT IS SO ORDERED.