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Durling v. Papa John's Int'l Inc.

Only Some Documents Privileged in Pizza Drivers' Wages Action Over Reimbursements

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OPINION AND ORDER

*1Plaintiffs William Durling, James Morton, Jr., Tom Wolff, Michael Morris and Richard Sobol (“Plaintiffs”) commenced this putative class action against Defendant Papa John’s International, Inc. (“PJI”), alleging that PJI pays its pizza delivery drivers wages below the minimum wage mandated by federal and state law. Presently before the Court is Plaintiffs’ motion to compel production of documents. (Docket No. 242). Plaintiffs’ motion challenges PJI’s decision to withhold, on privilege grounds, certain documents involving communications between PJI and third-party Motus, LLC (“Motus”). The motion also raises other general document discovery issues. For the reasons set forth below, Plaintiffs’ motion is granted in part and denied in part.I. BACKGROUNDThe Court assumes familiarity with the history of this case, and recites only the facts necessary to this Opinion and Order. Plaintiffs allege that PJI “systematically under-reimbursed its delivery drivers for vehicular wear and tear, gas and other driving-related expenses, thereby ensuring that all of [PJI's] delivery drivers are effectively paid well below the minimum wage.” (Docket No. 352). Plaintiffs assert claims under the Fair Labor Standards Act of 1938

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