Tag Archives: Discovery

W.D.N.Y.: Defendant’s Attorneys’ Billing Records Relevant and Discoverable Where Defendant Put Reasonableness of Hours and Rates Charged by Employee’s Attorneys at Issue, By Opposing Plaintiffs’ Motion For Attorneys’ Fees

Mendez v. Radec Corp. Following an order granting the parties’ joint motion for approval of settlement agreement, the plaintiff moved for award of attorneys’ fees and renewed his motion to reopen discovery to discover defense counsel’s billing records. Over defendant’s … Continue reading

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Filed under Attorney's Fees, Discovery

E.D.N.Y.: FLSA Defendants Not Entitled To Discovery Of Plaintiffs’ Full Tax Returns; Motion For Protective Order Granted

Melendez v. Primavera Meats, Inc. Before the court was plaintiffs’ motion for a protective order barring defendants from obtaining their income tax returns.  Reasoning that the defendants failed to show a compelling need for same to overcome the plaintiffs’ privacy … Continue reading

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Filed under Discovery, Immigration Status

E.D.N.Y.: Defendant Not Entitled To Discovery Of FLSA Plaintiff’s Immigration Status

Widjaja v. Kang Yue USA Corp. This case was before the Court, in part, on defendants motion to compel discovery of plaintiffs’ immigration status.  Joining the majority of Courts to have ruled on such motions, the Court denied defendants’ Motion. … Continue reading

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Filed under Discovery, Immigration Status

E.D.Ky.: “Self-Critical Analysis” Privilege Does Not Shield Employer From Disclosure Of Documents Relating To FLSA Classification; Such Discovery Is Relevant To Issues Of “Good Faith” And Willfulness

Cochran v. National Processing Co. This matter was before the Court on the Motions to Quash filed by the Defendants.  Defendants sought to quash a subpoena issued by the Court and served on one of the Defendants (Hanna), seeking documents … Continue reading

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Filed under Liquidated Damages, Willfulness

S.D.Fla.: Defendant Compelled To Give Plaintiff Names, Addresses And Telephone Numbers Of All Employees Similarly Situated To Plaintiff, Prior To Conditional Certification

Disimone v. Atlas Service, Inc. This case was before the Court on Plaintiff’s Motion to Compel Defendant to respond to certain discovery items.  Among the discovery items in dispute, Plaintiff sough the name, addresses and telephone numbers of all employees … Continue reading

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Filed under Collective Actions, Discovery

E.D.La.: FLSA Defendants Not Entitled To Discover Plaintiffs’ Social Security Numbers Because Irrelevant; Need To Comply With Tax Laws Insufficient Reason

Baca v. Brother’s Fried Chicken Before the Court were: (1) the motion of the defendants, Omar Hamdan, Fatmah Hamdan, Alberta, Inc., FHH Properties, LLC, and Alberta Management, LLC, pursuant to Fed.R.Civ.P. 12(e), for a more definite statement; and (2) the … Continue reading

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Filed under Immigration Status

N.D.Ill.: Tailors Scope Of Representative Discovery In Stage 1 Class Of 522 FLSA Plaintiffs; Plaintiffs Entitled To Protective Order Re: RFAs Served On Entire Class

Russell v. Illinois Bell Telephone Co. The case was before the Court on Illinois Bell’s motion to compel the depositions of thirty-eight individual plaintiffs and to dismiss three individual plaintiffs. Additionally, plaintiffs moved for a protective order, pertaining to RFAs … Continue reading

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S.D.N.Y.: Email From Employer’s “Management Team” Regarding FLSA Classification Not Attorney-Client Privileged

Clarke v. J.P. Morgan Chase & Co. Before the Court in this FLSA/Overtime Law case was an application by defendant, J.P. Morgan Chase & Co. for an order compelling plaintiffs to return or destroy all copies of an e-mail message, … Continue reading

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E.D.La.: FLSA Plaintiffs’ Immigration Status Not Discoverable

David v. Signal Intern., LLC Among their claims in this case, the undocumented immigrant Plaintiffs alleged various FLSA violations. The Defendants moved to compel information pertaining to Plaintiffs’ immigration status and the Court granted Plaintiffs request for a protective order, … Continue reading

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Filed under Immigration Status

E.D.N.Y.: FLSA Plaintiff’s Immigration Information Not Discoverable Because Irrelevant

Trejos v. Edita’s Bar and Restaurant, Inc. In this case, the Defendant’s moved to compel Plaintiffs to answer questions at deposition regarding their immigration status. The primary issue substantively before the Court was whether Plaintiffs were employees entitled to FLSA … Continue reading

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Filed under Immigration Status