ALLISON CLAIRE, Magistrate Judge.
On May 29, 2013, the court held a hearing on plaintiffs' motion to stay discovery, which was originally filed as an ex parte request. ECF Nos. 324, 351. Edward Wynne and William Baird appeared for plaintiffs. Daniel Thomasch, Normal Hile, Julie Totten, and Andrea Brown appeared for defendant. On review of the parties' statements and upon hearing the arguments of counsel, THE COURT FINDS AS FOLLOWS:
The factual and procedural history of this action is familiar to both the court and the parties. Thus, reference will be made only as needed in considering plaintiffs' application.
On November 25, 2009, the Honorable Lawrence K. Karlton conditionally certified a collection action consisting of persons who are or were employed by defendant as an Associate in the Attest Division of the Assurance line of business from December 11, 2005 to the present.
Defendant intends to file a motion for decertification as to this conditionally certified class. In order to support its motion, defendant deposed 10 individuals and then sought leave to depose 75 more.
On January 4, 2013, plaintiffs filed the instant motion for order temporarily staying discovery and granting a case management conference. ECF No. 324.
On January 28, 2013, Judge Karlton denied without prejudice plaintiffs' application to convene a case management conference and referred to the undersigned plaintiffs' motion to stay discovery. ECF No. 331. Judge Karlton also directed the undersigned to notify him when the parties ready for a case management conference.
As of the date of the parties' separate statements (January 2013), defendant has sent depositions notices to 7 opt-in members of the Attest division with written discovery. No depositions have yet taken place.
At the outset, the court notes the parties' extensive use of ex parte applications in contexts unauthorized by Local Rule.
Plaintiffs seek a temporary stay of discovery on numerous grounds, each of which will be addressed in turn.
Plaintiffs first argue that a discovery stay is necessary because of the problems that would ensue if defendant followed through on its alleged intent to depose all 1,709 opt-in members of the Attest division. Defendant counters that it has merely expressed its belief that it is entitled to depose these members, but that it has not actually moved to depose them. Defendant's point is well-taken. While defendant moved to conduct 75 more depositions, it was granted leave to conduct only 25 more. There is no pending motion to depose any more at this time. As such, any concern about potential problems should defendant move to depose all 1,709 members is simply premature at this stage.
Plaintiffs also assert that discovery should be stayed in order to determine the proper methodology for selecting the 25 additional deponents. Plaintiffs argue that defendant should be ordered to randomly select the deponents or utilize a specific methodology instead of "cherry picking" them. This issue, however, was extensively briefed and argued before Judge Hollows.
Plaintiffs next seek a stay in light of various issues concerning the scheduling of and preparation for the 25 opt-in plaintiff depositions. Plaintiffs argue that a stay is necessary to determine the timing, location, and length of the opt-in depositions. Defendant counters that the depositions will be scheduled at times and locations that are convenient for the deponents and plaintiffs' counsel. As for the length, defendant intends to comply with the seven-hour allotment prescribed by Federal Rule of Civil Procedure 30(d)(1). The court finds this adequate.
Fourth, plaintiffs argue that a stay should be entered because of defendant's obligation to produce documents and information pertaining to the opt-ins prior to any depositions. Defendant asserts that it has responded to plaintiffs' requests for production of documents relating to the opt-in deponents, producing hundreds of pages of responsive documents, including personnel files and time entry data. Plaintiffs do not respond to this argument. Regardless, any dispute that plaintiffs may have concerning defendant's responses to their discovery requests should be brought by way of a motion to compel and is not grounds to stay discovery.
For these reasons, plaintiffs' motion to stay discovery will be denied.
The undersigned turns next to Judge Karlton's January 28, 2013 order, which directed the magistrate judge to provide notice if the parties are ready for a case management conference. Both in their moving papers and at the hearing on the instant motion, plaintiffs argue that there exist significant case management implications associated with defendant's anticipated motion for decertification and the next phase of up to 25 depositions, including: (i) the nature, scope and duration of the next phase of discovery, including whether written discovery directed to the opt-ins is permissible and proper in addition to subjecting the individuals to depositions; (ii) the deadline for defendant to move for decertification, as well as deadlines for all dispositive motions and other pretrial motions; (iii) the substantive rights of the deponents, including individuals who have not opted-in to this action as well as absent class members in the related
Defendant's position is that a case management conference is unnecessary at this time. Notwithstanding defendant's continuing objection, the undersigned agrees with plaintiffs that case management would be beneficial in order to address the relationships between discovery, litigation of class certification, and motions deadline(s).
Accordingly, IT IS HEREBY ORDERED that: