“What’s Her Phone Number?” And Other Court-Approved Discovery Requests In Workplace Class Actions

In the U.S. District Court for the Northern District of California, the war continues over pre-certification access to the personal information of potential Rule 23 class members.  In Wellens v. Daiichi Sankyo Inc., Case. No. C-13-00581-WHO (N.D. Cal. March 5, 2014), the latest of many discovery battles on the issue, Judge Donna Ryu ordered pre-certification access to the names, addresses, and phone numbers of a putative class of approximately 1,500 female sales employees.  Judge Ryu’s decision continues the Northern District’s trend toward eliminating checks on plaintiff access to the personal information of potential class members. The decision is a good read for any employer facing the risks of workplace class action litigation. 

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