De La Cruz v. Motiwala
- Analisa Torres
- 1:22-cv-10403
- U.S. District Court · Southern District of New York
- 4
In De La Cruz v. Motiwala, Judge Willis granted pre-certification class discovery, allowing Plaintiff to seek employee information and records.
The ruling affects Plaintiff, Defendants, and potential class members or witnesses whose identifying information and employment records were sought. The provided order grants pre-certification class discovery but does not state the precise production requirements.
What happened
In De La Cruz v. Motiwala, Plaintiff asked the court to require Defendants to provide contact information for potential class members and documents such as paystubs and punch records before class certification. Plaintiff said these materials were needed to investigate employment periods and alleged wage violations.
Defendants’ position, as described in Plaintiff’s letter, was that they would not provide class discovery before certification. Plaintiff disputed that position and proposed obtaining records for a sample of 25% of potential class members.
Judge Jennifer E. Willis granted the request for pre-certification class discovery. The short order does not specify the precise documents or information Defendants must produce or explain the court’s reasoning.
The detailed version
- De La Cruz v. Motiwala · No. 1:22-cv-10403
- Analisa Torres
- Aug. 17, 2023
Background
Plaintiff’s counsel submitted a letter reporting a discovery dispute and requesting court intervention. The dispute concerned discovery sought before any class or collective action had been certified.
The letter states that Plaintiff and Defendants disagreed about when Plaintiff’s employment began. Plaintiff stated that he worked for Defendants from 2017 to the present, while Defendants stated that his employment began in June 2022. Plaintiff relied on punch records and challenged the authenticity and date of another document. These assertions appear in Plaintiff’s submission; the order itself does not resolve them.
Requested Discovery
Plaintiff requested the names, addresses, email addresses, and mobile numbers of prospective class members and other employees who could serve as witnesses. Plaintiff also requested class-related documents, including employee lists, paystubs, and punch or time records. Plaintiff proposed that Defendants provide paystubs and punch records for a 25% sample of potential class members, selected to cover different employment years, locations, and positions.
Plaintiff argued that the discovery could help establish or evaluate claims involving alleged wage violations, including missing premium pay for days exceeding 10 hours and possible time-rounding issues. Plaintiff cited decisions allowing discovery about potential class members before certification. Defendants’ position, as described in the letter, was that they would not provide class discovery before certification.
Ruling
The court’s order states: “The request for pre-certification class discovery is GRANTED. SO ORDERED.” Judge Jennifer E. Willis signed the order as a United States Magistrate Judge.
The opinion text provided does not separately identify which categories of documents or employee information must be produced, set deadlines, address confidentiality, or explain the court’s reasoning beyond granting the request. It also does not decide whether a class or collective action should be certified or resolve the underlying wage-related allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.