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STIPULATION REGARDING CLASS MEMBER DEPOSITIONS 

CASE NO. 3:08-CV-05221-SI 

WAGNER, JONES, KOPFMAN, 

& ARTENIAN LLP

NICHOLAS J.P. WAGNER, SBN 109455 

ANDREW B. JONES, SBN 076915 

DANIEL M. KOPFMAN, SBN 192191 

LAWRENCE M. ARTENIAN, SBN 103367 

1111 E. Herndon, Ste. 317 

Fresno, CA 93720 

Telephone: 559.449.1800 

Facsimile: 559.449.0749 

Attorneys for Plaintiffs 

GIBSON, DUNN & CRUTCHER LLP

CATHERINE A. CONWAY, SBN 98366 

 cconway@gibsondunn.com 

JULIAN W. POON, SBN 219843 

 jpoon@gibsondunn,com 

JESSE A. CRIPPS, SBN 222285 

 jcripps@gibsondunn.com 

BLAINE H. EVANSON, SBN 254338 

 bevanson@gibsondunn.com 

333 South Grand Avenue 

Los Angeles, CA 90071-3197 

Telephone: 213.229.7000 

Facsimile: 213.229.7520 

SCOPELITIS, GARVIN, LIGHT, 

 HANSON & FEARY, PC 

JAMES H. HANSON (admitted pro hac vice) 

jhanson@scopelitis.com 

10 West Market Street, Suite 1500 

Indianapolis, IN 46204 

Telephone: 317.492.9205 

Facsimile: 317.687.2414 

Attorneys for Defendant WAL-MART STORES, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

CHARLES RIDGEWAY, JAIME FAMOSO, 

JOSHUA HAROLD, RICHARD BYERS, DAN 

THATCHER, NINO PAGTAMA, WILLIE 

FRANKLIN, TIM OPITZ, FARRIS DAY, 

KARL MERHOFF, and MICHAEL KROHN, 

Plaintiffs, 

v. 

WAL-MART STORES, INC., a Delaware 

corporation d/b/a WAL-MART 

TRANSPORTATION LLC, and Does One 

through and including Doe Fifty, 

Defendants. 

[Previously captioned as Bryan et al. v. WalMart Stores, Inc.] 

CASE NO. 3:08-cv-05221-SI 

STIPULATION REGARDING CLASS 

MEMBER DEPOSITIONS 

 

Case 3:08-cv-05221-SI Document 253 Filed 01/19/16 Page 1 of 4
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STIPULATION REGARDING CLASS MEMBER DEPOSITIONS 

CASE NO. 3:08-CV-05221-SI 

The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua 

Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl 

Merhoff, and Micheal Krohn (“Plaintiffs”) and Defendant Wal-Mart Stores, Inc. (“Wal-Mart,” and 

collectively, with Plaintiffs, the “Parties”), hereby stipulate as follows: 

1. Wal-Mart does not agree that Plaintiffs’ proposed survey of class members—as set 

forth below—is proper or appropriate and does not agree with the validity and/or methodology of any 

such survey. It reserves all rights regarding or related to the proposed survey and expressly objects to 

any use of the proposed survey by Plaintiffs in this litigation, including as to the admissibility of any 

survey or survey results at trial. 

2. Plaintiffs intend to survey certain Class Members. 

3. Plaintiffs have proposed as part of their survey to select, using a random method, 40 

class members, each of whom will appear and be sworn and then take a written survey prepared by 

Plaintiffs. The Parties agree no attorneys will be present in the room until the Class Member 

completes the survey. 

4. Although Wal-Mart does not sanction the survey and is not participating in the survey 

process, Plaintiffs have agreed that Wal-Mart will be provided with all written survey questions that 

will be asked of these Class Members and the list of Class Members to be contacted for in-person 

survey/deposition, and have agreed to provide such information in advance of the survey and no later 

than January 30, 2016. 

5. Plaintiffs’ counsel have stated that they intend to meet with the Class Member at the 

survey site immediately following the class member’s completion of the in-person survey. 

6. During this meeting, and although Wal-Mart is not participating in the survey process, 

Plaintiffs have agreed that Wal-Mart will have access to and receive a copy of the Class Member’s 

survey responses. 

7. Although Wal-Mart is not participating in the survey, Wal-Mart will be permitted to 

immediately at the in-person survey site (or on the day of the survey or at some later time or place, 

agreeable to the Parties) depose the Class Member for up to three hours and then plaintiffs may 

Case 3:08-cv-05221-SI Document 253 Filed 01/19/16 Page 2 of 4
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STIPULATION REGARDING CLASS MEMBER DEPOSITIONS 

CASE NO. 3:08-CV-05221-SI 

depose the class member for up to one hour. The Parties shall use all reasonable efforts to complete 

the deposition of the Class Member on the date set for the deposition. 

8. The parties have also agreed that, completely independent of Plaintiffs’ survey, WalMart may also select 10 Class Members of its own choosing using any methodology it wishes for 

standard depositions per the Federal Rules, and it does so without waiver of its rights to seek 

depositions of additional class members. 

9. The forty (40) randomly selected Class Member depositions as well as the ten (10) 

Class Member depositions selected by Wal-Mart will not count against any prior agreements between 

the parties about the number of depositions to be permitted in this case or the number of depositions 

expressly permitted by Fed. R. Civ. P. § 30(a)(2)(A)(i). It is each Parties’ independent position that, 

by entering into this agreement, it is not waiving any rights it may have for additional depositions 

pursuant to Fed. R. Civ. P. § 30(a)(2); provided, however, each Party reserves all rights to challenge 

any further depositions of Class Members as improper under Fed. R. Civ. P. § 30(a)(2) or otherwise. 

10. Wal-Mart reserves all rights to seek written discovery from absent class members 

following the completion of the Class Member depositions identified herein, see Dkts. 230, 234. 

Plaintiffs reserve all rights to object to Wal-Mart’s efforts to seek written discovery from absent Class 

Members. 

11. The depositions/in-person surveys will not take place until after February 1, 2016, 

absent agreement of the parties, no more than four depositions or 12 hours of deposition (whichever 

takes longer) will be noticed or scheduled for a single day. Plaintiffs’ counsel shall issue deposition 

subpoenas at least 10 days before any deposition and shall immediately notify Wal-Mart’s counsel 

when a witness indicates that they will appear for deposition on the date noticed or on an alternate 

date. To eliminate the service of multiple subpoenas from both parties, the deposition subpoenas 

issued by Plaintiffs shall be deemed to include a requirement that the individual sit for deposition for 

Wal-Mart on the terms discussed in this stipulation, and that requirement shall be set forth in the 

subpoena issued by Plaintiffs. Once Wal-Mart has received such notice for any class member, WalMart’s Counsel will use reasonable efforts to provide Class Counsel with the personnel file, Earnings 

History Report and Dispatch Driver Payroll report for that witness no fewer than five days before the 

Case 3:08-cv-05221-SI Document 253 Filed 01/19/16 Page 3 of 4
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STIPULATION REGARDING CLASS MEMBER DEPOSITIONS 

CASE NO. 3:08-CV-05221-SI 

date set for deposition. No witness will be questioned by Wal-Mart about a witnesses’ personnel file 

or Earnings History Report that has not been produced by Wal-Mart to Plaintiffs’ Counsel where 

Wal-Mart did not make reasonable efforts to produce those documents at least 5 days before the 

deposition. 

IT IS SO STIPULATED. 

Dated: January __, 2016 

By: _____________________________

Daniel Kopfman 

WAGNER, JONES, KOPFMAN, & 

ARTENIAN LLP 

Attorneys for Plaintiffs 

By: __/s/ Jesse A. Cripps______________

Jesse A. Cripps 

GIBSON, DUNN & CRUCTHER LLP 

Attorneys for Defendant 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Susan Illston

Case 3:08-cv-05221-SI Document 253 Filed 01/19/16 Page 4 of 4