SHEILA K. OBERTO, Magistrate Judge.
The Court held an informal discovery dispute conference on November 14, 2019, and entered an order resolving the parties' dispute on November 15, 2019. (See Doc. 19.) The Court granted Plaintiff's request to compel Defendant to produce the contact information of other employees who were terminated and had taken or were approved for FMLA leave. (Id. at 1.)
The Court further directed the parties to file (1) a stipulated protective order covering the information to be disclosed
The parties filed a stipulation on November 21, 2019, attaching a proposed protective order and setting forth Plaintiff's proposed notice procedure and extensions of deadlines and Defendant's proposed notice procedure and extensions of deadlines. (Doc. 20.)
The parties' proposed protective order does not comply with Local Rule 141.1. Specifically, Local Rule 141.1(c)(1) requires "[a] description of the types of information eligible for protection under the order, with the description provided in general terms sufficient to reveal the nature of the information." The protective order, in its current form, fails to sufficiently identify the types of information to be protected. Specifically, the protective order describes information to be designated "confidential" as "information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c)." (Doc. 20-1 at 2.) This is inadequate. The parties must describe the specific types of information eligible for protection "sufficient to reveal the nature of the information." See E.D. Cal. L.R. 141(c)(1).
This should be easy to accomplish since the only information to be covered by the proposed protective order is the information that was the subject of the parties' informal discovery dispute.
Because the parties were unable to meet and confer and agree on a notice procedure, as directed by the Court, (see Doc. 19 at 2), the Court will set the parties' notice procedures and extensions of the remaining deadlines as set forth below.
The parties agree on the contents of the notice ("Notice") to be mailed to the affected individuals ("Former Employees"), but disagree on the timeline for the notice procedure. (See Doc. 20 at 2-4.) Defendant proposes that it provide notice no earlier than December 11, 2019, give the Former Employees until January 22, 2020, to opt-out, and serve Plaintiff's counsel with the contact information of any Former Employees who did not opt-out by January 29, 2020. (Id. at 2.) Plaintiff proposes Defendant provide notice by seven court days from the date of this Order, give the Former Employees fourteen days from that date to opt-out, and provide the contact information within seven calendar days from the opt-out deadline. (Id. at 2-3.) The Court finds a compromise between the parties' proposed timelines appropriate.
a.
b. The Former Employees will have until
c.
The parties also submitted competing proposed modifications of the scheduling order. (Doc. 20 at 3.) The Court finds extensions of the deadlines appropriate, but not to the extent requested by either party, in view of the above notice procedure timeline. To provide the parties approximately four weeks after January 15, 2020, to complete any additional discovery necessary following the notice procedure, and extending all corresponding deadlines according to the Court's scheduling preferences,
IT IS SO ORDERED.