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Ferry v. SGS Control Services

October 11, 2007

BRIAN FERRY, ET AL., PLAINTIFFS,
v.
SGS CONTROL SERVICES, INC., AND SGS NORTH AMERICA, INC., DEFENDANTS.



The opinion of the court was delivered by: Ronald L. Ellis, United States Magistrate Judge

MEMORANDUM OPINION & ORDER

The Court having reviewed submissions by the parties, HEREBY FINDS that

1. Testimonies from defendants' 30(b)(6) depositions are not co-extensive with questions asked by plaintiffs in interrogatories and leaving questions unanswered by defendants;

2. To the extent that defendants have produced attorney-client documents related to advice of counsel on FLSA obligations they have waived the attorney-client privilege on that issue;

3. Plaintiffs' were not given adequate notice that the October 10, 2007 Steve Bloom deposition would be terminated early for religious reasons;

4. Plaintiffs were not given sufficient notice in order to conduct adequate discovery on witnesses who appeared in defendants' supplemental discovery submissions for the first time on September 20, 2007;

5. Plaintiffs' request for production of further transcripts from meetings between SGS lawyers and putative class members is unnecessarily cumulative because representative transcripts from class members' meetings have already been provided;

6. Plaintiffs' request for further 30(b)(6) deposition witness testimony would be unnecessarily cumulative;

7. Testimony regarding calculation of damages by plaintiffs' counsel, Michael J.D. Sweeney, is not necessary because testimony on damage calculations has already been given by plaintiffs' counsel's paralegal;

8. Defendants have stipulated that they are engaged in commerce for the purposes of FLSA coverage, and to this Court's supplemental jurisdiction over the above referenced matter making production of defendants' financial records unnecessary to prove the case falls under FLSA jurisdiction;

9. Documents from other FLSA cases brought against SGS are not relevant to this matter;

10. The parties had not agreed upon the temporal scope of document production prior to defendants' production of the supplemental log on September 10, 2007;

11. The handling of objections was unclear between counsel during the deposition of Frank Pompa, and this contributed to the ...


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