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S.D.N.Y.Procedural orderFiled July 13, 2023

West v. Lasership, Inc.

Judge
Laura Swain
Docket
1:21-cv-05382
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In West v. Lasership, Inc., Judge Cave denied plaintiffs’ request to exclude certain driver records from a proposed protective order.

Who this affects

The plaintiffs and Lasership, Inc., particularly their handling of driver pay, working-time, and driver-list records in discovery; the order also affected case deadlines and scheduling.

What happened

In West v. Lasership, Inc., plaintiffs asked the court to exclude driver pay records, working-time records, and driver lists from the proposed definition of “Confidential Information,” unless those records contained personally identifying information.

The court denied that request. It also ordered the parties to file their proposed protective order, scheduled a conference about discovery, and directed the parties to report any discovery disputes before that conference.

Judge Sarah L. Cave kept deadlines for amending pleadings, adding parties, and filing motions on hold, including anticipated motions about judgment on the pleadings and conditional collective and class certification.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
West v. Lasership, Inc. · No. 1:21-cv-05382
Judge
Laura Swain
Date
July 13, 2023

Background

The court issued this order after a telephone conference involving plaintiffs Daniel West and Romaine Clarke and defendant Lasership, Inc. The case caption also names Ryon Morgan, Saadala Aboulessan, So Sure Transports Inc., Richard Grace, Richard LLC, and unknown subcontractor companies A-Z.

The parties were preparing a protective order for discovery. Plaintiffs asked to exclude “driver pay records, working time, and driver lists” from the definition of “Confidential Information” unless those records contained personally identifying information. The court cited authority stating that discovery documents generally do not receive the same presumption of public access as documents submitted to obtain court action.

Rulings and scheduling

The court denied plaintiffs’ request to exclude those records from the proposed definition of “Confidential Information.” The parties were ordered to promptly file their proposed protective order for the court’s review and entry.

The court scheduled a telephone conference for August 22, 2023, to discuss the status of discovery and required the parties to file a joint letter by August 18 if they had discovery disputes requiring the court’s attention. The parties were also ordered to promptly order a transcript of the conference.

The court continued to hold in abeyance the deadlines to amend pleadings, join other parties, and file motions. The order specifically referred to Lasership’s anticipated motion for judgment on the pleadings and plaintiffs’ anticipated motions for conditional collective and class certification. This order addressed discovery and case management; it did not decide those anticipated motions.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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