Sanchez v. Clipper Realty, Inc.

Background

The plaintiff requested that the defendants include wage notices issued to putative class members in a sample of wage records. The request followed an earlier order limiting the defendants’ production to a sample of paystubs and timesheets for between 10% and 15% of putative class members.

The defendants opposed adding the wage notices. They argued that the request was not included in the plaintiff’s earlier discovery request and was therefore an improper attempt to expand the scope of the earlier order. They also argued that the plaintiff’s claims under New York Labor Law § 195(1) were subject to dismissal for lack of Article III standing because the complaint alleged technical violations without showing a concrete injury.

Ruling

The court found that the wage notices were relevant to a party’s claim or defense and constituted discoverable information under Federal Rule of Civil Procedure 26(b)(1). The court ordered the defendants to produce the wage notices.

The court also ruled that any assessment of whether the plaintiff had standing to bring the New York Labor Law § 195(1) claim was premature. The Clerk of Court was directed to terminate the pending motion at docket entry 104. The order did not decide whether the plaintiff ultimately had standing or whether the claim could proceed as a class action.