Soto v. Castlerock Farming & Transport, Inc., 282 F.R.D. 492 (E.D. Cal. Apr. 30, 2012)

Key Insight: Where defendant alleged that plaintiffs? requests would result in an undue burden in light of the number of defendant?s employees and the number of farm labor contractors with whom it did business (because of the high volume of records) the court concluded that sampling was ?an appropriate method? to relieve defendant?s burden and, recognizing that even sampling would be burdensome, ordered ?a reduced sample? which would nonetheless ?yield meaningful information? and further ordered defendant to perform a random sample of 50% of payroll and timekeeping records for designated months and years ?unless the parties agree to a different sampling method;? Court denied (in part) third-party?s motion to quash where the information sought was relevant and where the third party presented evidence of burden as to production in hard copy but presented no such evidence as to electronic records which the third party indicated it maintained

Nature of Case: Wage and hours class action

Electronic Data Involved: Payroll and timekeeping records, ESI