Opinion
Civil Action 18-599 19-1286 19-723
05-06-2024
FRANK DONOFRIO, on behalf of himself individually and on behalf of those similarly situated, Plaintiff, v. IKEA U.S. RETAIL, LLC, Defendant. WILLIAM V.ANTONELLI, JR., on behalf of himself individually and on behalf of those similarly situated, Plaintiff, v. IKEA HOLDING US, INC., et al., Defendants. BRANDON PAINE, on behalf of himself individually and on behalf of those similarly situated, Plaintiff, v. IKEA HOLDING US, INC., et al., Defendants.
ORDER
ANITA B. BRODY, J.
AND NOW, this 6th day of May, 2024, it is ORDERED that Plaintiffs' Motion for Sanctionsis GRANTED. The Court will impose the following sanctions:
Donofrio (18-599), ECF No. 312; Antonelli (19-1286), ECF No. 239; Paine (19-723), ECF No. 266.
• Pursuant to Rule 37(b)(2)(A)(i):
o It is established for purposes of second stage certification that IKEA had in place a common employer practice, or standard operating procedure, to which its U.S. retail employees were subject, of favoring younger employees for leadership development and management level positions.
• Pursuant to Rule 37(e)(1) and Rule 37(b)(2)(C):
IKEA must pay Plaintiffs' reasonable attorneys' fees and expenses incurred in connection with Plaintiffs' Motion for Sanctions (ECF No. 312), beginning with Plaintiffs' January 2023 communications with IKEA to attempt to address IKEA's incomplete 2022 productions, and including the evidentiary hearing on Plaintiffs' Motion for Sanctions held on December 20, 2023 and January 29, 2024 and all subsequent briefing in connection with this Motion.
o Plaintiffs are ordered to submit a documented, itemized request for fees and expenses incurred in connection with the Motion for Sanctions on or before June 3, 2024.
It is FURTHER ORDERED that:
• IKEA's Motion in Limine to Quash Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action issued by Plaintiffs to Paul Lancaster Adams, Esq., Brandon Sher, Esq. and Traer Cundiff, Esq. is RESOLVED as MOOT. • IKEA's Motion in Limine to Quash Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action issued by Plaintiffs to Defendants Corporate Representatives and for a Protective Orderis RESOLVED as MOOT. • Plaintiffs' Letter Motion to Exclude the testimony of Jonathan Redgrave is RESOLVED as MOOT. • All dispositive motions must be filed on or before: June 3, 2024.