Espinoza v. Guardian Industries, LLC

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRANK ESPINOZA, individually and on
behalf of all similarly situated,
Plaintiff,
v.
GUARDIAN INDUSTRIES, LLC,
Defendant.
Case No. 1:24-cv-00853-KES-SAB
ORDER RE INFORMAL DISCOVERY
DISPUTE
(ECF Nos. 28, 30, 31)
On December 16, 2025, the Court conducted an informal videoconference regarding a
discovery dispute. Counsel Nathan Reese and Monique Rodriguez appeared for Plaintiff Frank
Espinoza, and counsel Lucy Bertino and Michael Witczak appeared for Defendant Guardian
Industries, LLC. The Court notes this matter was conducted off the record; however, the parties
were afforded an opportunity to place the matter on the record at any time during the
videoconference, but no party requested to do so. The parties agreed to conduct this matter
through the Court’s informal discovery procedure.
Following the informal discovery dispute hearing, the parties filed a joint stipulation and
proposed order memorializing the Court’s orders and their agreement related to various
discovery matters at issue. (ECF Nos. 29, 30.) Pursuant to the orders made at the informal
discovery dispute hearing, the parties’ stipulation, and good cause appearing, IT IS HEREBY
ORDRED that:

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1. Defendant shall produce all itemized wage statements as they are presented to
employees during the course of their employment for the 10 putative class
members identified in Exhibit 1, (ECF No. 31-1), no later than January 30, 2026;
2. Defendant shall produce all meal period waiver forms, revocation of waiver of
meal period forms, and on-duty meal period agreements that exist for the 100
putative class members identified in Exhibit 2, (ECF No. 31-2), no later than
January 30, 2026;
3. Plaintiff is authorized to file a motion to compel further responses to Plaintiff’s
Requests for Production of Documents Nos. 63-74, in the event of the parties’
further meet and confer efforts are unsuccessful;
4. Defendant shall designate a person or persons to testify on its behalf in
accordance with Federal Rule of Civil Procedure 30(b)(6) with respect to
Timekeeping System, Data Fields, and Edits (Matter Nos. 12, 14, 16, 56 and 59);
Practices Relating to the Review, Editing, Modifying, and Retention of Time
Records (Matter Nos. 13, 15, 16 and 56); Time Records, Timesheet Audit Report,
Employee Punch Report, and AB Guardian Absences for Plaintiff and Putative
Class Members (Matter Nos. 16, 56, and 59); Expense Reimbursement Policies
and Procedures (Matter Nos. 33-34); Bonuses – Criteria and Calculations (Matter
Nos. 37-39, 54); Regular Rate Calculation (Matter No. 35, 36 and 40); Payroll
Processing Policies and Procedures (Matter Nos. 41-43, 45-46, and 56); Payroll
Auditing, Review, and Examination (Matter No. 42, 43, and 45-46); Wage
Statements/Payroll Registers (Matter Nos. 36, 46-51, 54-56, and 59) outlined in
Exhibit 3, (ECF No. 31-3.) The Parties will meet and confer regarding the
deposition length and scope of each topic prior to the deposition to ensure
Defendant can adequately prepare the witness and the deposition accomplishes
the intended goal of providing Plaintiff information that was not provided during
the initial 30(b)(6) deposition. The deposition shall be held via remote video
conference no later than February 13, 2026, on a mutually agreeable date; and

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
5. The pre-certification discovery deadline is continued to February 20, 2026.
IT IS SO ORDERED.
Dated: January 5, 2026
STANLEY A. BOONE
United States Magistrate Judge