52 results for 'cat:"Discovery" AND cat:"Class Action"'.
J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: Fraud, discovery, class Action
J. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, class Action
J. Hornsby denies a request by owners of a skilled nursing facility to stay discovery of a potential class action alleging fraudulent reporting of nursing shortages for 100 residents over a three-year period. The owners of the facility unsuccessfully sought to pause the litigation by the daughter of a deceased resident, pending a ruling on a jurisdictional challenge, under the Class Action Fairness Act. The facility’s owners say the suit is one of 13 related cases filed by the litigant’s counsel filed in federal and state courts in Louisiana. “There are sound arguments on both sides of the issue” but the “best exercise” of the court’s discretion is to allow discovery to proceed.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: April 30, 2024, Case #: 5:23cv1750, NOS: Other Fraud - Torts - Personal Property, Categories: Health Care, discovery, class Action
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J. Cole mostly denies a class of truck drivers’ motion for more discovery in this long-running case over a railroad operator potentially violating biometric privacy law. The court broadly sides with the railroad operator in its assertion that it has already provided the class of drivers with all the discovery documents they are entitled to, but nevertheless orders the operator to compile a privilege log regarding its communications with a third-party software company.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: April 15, 2024, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: Privacy, discovery, class Action
J. Bennett grants a mortgage company’s partial motion to dismiss underwriters’ claim seeking a declaration that they do not owe a duty to defend or indemnify the mortgagor, which is being sued for allegedly engaging in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The insurer’s duty to indemnify is not ripe. This case shall proceed to discovery on the counterclaims between the insurer and mortgage company.
Court: USDC Maryland, Judge: Bennett, Filed On: March 29, 2024, Case #: 1:23cv405, NOS: Insurance - Contract, Categories: Real Estate, discovery, class Action
J. Mazzant denies the motion for class certification in a case brought by individuals claiming they were unlawfully stopped, arrested or detained by a county employee who did not have an active peace officer license. The individuals have not shown the proposed class meets the numerosity requirement for certification, but they may refile the motion after additional discovery.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv250, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, discovery, class Action
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: discovery, class Action, Labor
J. Gonzales grants, in part, the employee's motion to compel, ruling the employer must provide class-wide timesheets and payroll records for the time period relevant to the complaint because it will allow the lead plaintiff to prove commonality and the existence of a class-wide injury.
Court: USDC New Mexico, Judge: Gonzales, Filed On: February 1, 2024, Case #: 2:23cv143, NOS: Fair Labor Standards Act - Labor, Categories: discovery, class Action, Labor
J. Rowland partially grants a class of hair product consumers’ motion to compel production of materials related to hair care products sold outside the U.S. The class of consumers claim they were injured in various ways by using L’Oreal, Revlon and other companies’ hair care products, and they seek information regarding what safety and marketing standards the products adhered to domestically as opposed to when they’re sold abroad. They seek materials pertaining six specific categories of information: foreign regulatory materials, product labels and usage instructions, scientific studies, articles in scientific journals, organizational charts and board of director materials. The hair care product companies must produce all but the organizational charts and board of director materials.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 27, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: Product Liability, discovery, class Action
J. Cole grants a class of plaintiff truck drivers’ motion to compel the production of damages data. A railroad company captured thousands of truck drivers’ fingerprints when the drivers passed through its gates in Illinois, in violation of the state’s privacy law governing biometric information, and the court finds it appropriate for the company to produce data of every fingerprint scan it captured.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: December 13, 2023, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: Privacy, discovery, class Action
J. Battaglia grants the employees' motion to order a ship repair company to provide them with information concerning the identities of putative class members who have received settlement letters from the company and who have purportedly released their claims by signing settlement agreements checks. In order "to counteract the coercive nature of the employer-employee communications, the putative class should be explicitly instructed that they have more time to consider the officer, discuss with plaintiffs' counsel, and either complete the settlement or withdraw their prior release as they choose."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 12, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, discovery, class Action
J. Evanson grants the employees' motion to compel the brewery chain to produce a fully copy the Stroz Friedberg report, engagement letter and all scopes of work for the employees' lawsuit accusing the brewery chain of not protecting their personal identifiable information during a ransomware attack. The brewery chain withheld nearly all information related to the breach and its response to it on privilege grounds during the discovery process, and the delegation of business functions to an attorney is not sufficient to shield it from discovery.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 6, 2023, Case #: 2:22cv94, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, discovery, class Action
J. Durkin grants a Japanese investment firm’s motion to dismiss for the lack of personal jurisdiction and improper venue in this antitrust suit brought by a class of consumers challenging T-Mobile’s merger with Sprint. There is no ambiguity and colorable basis for personal jurisdiction over the investor, so jurisdictional discovery is not warranted. The court denied T-Mobile and the Japanese company’s motion to dismiss for a lack of antitrust standing, failing to properly allege direct or indirect evidence.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 2, 2023, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, discovery, class Action
J. Coulson grants a pharmaceutical company’s leave to file a sur-rebuttal expert report in this antitrust dispute between a health association and a class of third-party payors who say the company schemed to raise prices for its pulmonary hypertension drug Tracleer. The health association and class’s cross-motion to strike the report is denied. The parties have 14 days to confer and propose submit a jointly proposed scheduling order.
Court: USDC Maryland, Judge: Coulson, Filed On: October 27, 2023, Case #: 1:18cv3560, NOS: Antitrust - Other Suits, Categories: Antitrust, discovery, class Action
J. Poplin denies the individual plaintiffs' motion to determine claim of privilege. Specifically, they ask the court to find that the defendant bank waived attorney-client privilege as it relates to certain documents, or alternatively for the court "to conduct an in-camera inspection of each document." The court concludes that in-camera review is unnecessary and that "fairness does not warrant disclosure."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: October 24, 2023, Case #: 3:19cv138, NOS: Other Contract - Contract, Categories: discovery, Privilege, class Action
J. Crawford partly grants the employee's motion for discovery in her wage-and-hour class action against Nike Retail Services. Although the employee's request for the identification of all Nike Retail employees responsible for creating work schedules for the class members is overbroad, Nike is ordered to testify about its scheduling practices generally. Nike's practices "are more germane to class certification and the merits than the specific identities of the people carrying out those practices." Nike must also identify the various codes for different wage rates it uses on class members' pay statements.
Court: USDC Southern District of California, Judge: Crawford, Filed On: October 20, 2023, Case #: 3:23cv874, NOS: Employment - Civil Rights, Categories: Employment, discovery, class Action