Little v. Pacific Seafood Procurement, LLC et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRAND LITTLE, et al.,
Plaintiffs,
v.
PACIFIC SEAFOOD PROCUREMENT,
LLC, et al.,
Defendants.
Case No. 23-cv-01098-AGT
DISCOVERY ORDER
Re: Dkt. No. 646
Pacific Seafood may serve its proposed document and deposition subpoenas on the
six crabbers whom Plaintiffs identified in discovery as the sources of certain factual allega-
tions made about Pacific Seafood in the complaint. Although these crabbers may be putative
class members, they aren’t strangers to the case. Plaintiffs relied on their percipient accounts
to support their allegations, triggering Pacific Seafood’s legitimate need for discovery.
Plaintiffs agree that some discovery from these six crabbers is appropriate, but Plain-
tiffs maintain that discovery should be “cabin[ed] . . . to the events for which the [six crab-
bers] were identified as percipient witnesses, and related foundation.” Dkt. 658 at 5. Plain-
tiffs note that Pacific Seafood’s proposed subpoenas sweep more broadly, seeking all docu-
ments and communications related to Pacific Seafood and named plaintiff Brand Little.
At this stage, in which the Court is deciding only whether to permit Pacific Seafood
to serve the subpoenas under the Court’s pre-approval order, see Order, Dkt. 583 (requiring
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Pacific Seafood to obtain pre-approval before serving discovery on putative class members),
the Court won’t modify the subpoenas’ scope. Pacific Seafood understandably wants to ob-
tain a comprehensive understanding of these six crabbers’ interactions with Pacific Seafood
and Little, to assess credibility among other things. For that reason, the subpoenas’ broader
scope appears reasonable on first review. To the extent, however, that the crabbers believe
otherwise and seek to offer evidence of undue burden or disproportionality, they may do so
after service under Federal Rule of Civil Procedure 45.
IT IS SO ORDERED.
Dated: April 27, 2026
______________________________
Alex G. Tse
United States Magistrate Judge
Case 3:23-cv-01098-AGT Document 693 Filed 04/27/26 Page 2 of 2