Order | Filed: July 01, 2026
| Entered: July 01, 2026
Son et al v. HAND Hospitality LLC et al
Labor: Fair Standards | New York Southern
Order on Motion for Conference
ORDER denying as moot 114 Letter Motion for Conference. Accordingly, and having considered the merits of the application,1. By July 8, 2026, Defendants shall notify Plaintiffs in writing whether Defendants will agree to produce the requested ESI and documents. If Defendants do not agree, Defendants shall provide a sworn certification identifying: (i) all POS, payroll, timekeeping, scheduling, and tip-related systems or vendors used during the relevant period; (ii) whether responsive native/exportable ESI, metadata, audit trails, user-activity logs, access logs, records of edits, overrides, modifications, deletions, voids, and underlying POS records reflecting sales, tips, payments, adjustments, and employee activity exist in Toast or any related system; (iii) whether Defendants contacted Toast or any other vendor concerning the ability to export such records or obtain audit logs, access logs, or records showing who had authority to access, edit, adjust, void, override, or approve entries in the relevant systems; (iv) the custodians, devices, accounts, search terms, date ranges, and sources searched for responsive emails, text messages, KakaoTalk messages, and other communications; (v) any requested ESI or documents that Defendants contend do not exist, are not within their possession, custody, or control, cannot be exported, or are being withheld; and (vi) which prior Bates ranges correspond to which Plaintiffs, opt-in Plaintiffs, locations, time periods, and categories of records. 2. The parties shall meet and confer to resolve any discovery disputes, and by July 15, 2026, shall file a joint letter with the Court, no longer than six pages, setting forth their positions on any remaining disputes. The Court expects the parties to resolve all pending disputes or to otherwise reduce them to a bare minimum. Further, the parties are to bear in mind the requirement that discovery be proportional to the needs of the litigation. 3. Fact discovery is extended to July 31, 2026 solely for purposes of resolving the discovery dispute brought to the Court's attention in Dkt. 114. 4. Plaintiffs' request for a conference is denied as moot but may be renewed in the event the parties have not resolved all pending discovery disputes. The Clerk of Court is respectfully directed to terminate the letter motion at Dkt. 114. Copies transmitted this date to all counsel of record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/1/2026) Copies Sent By Chambers. (jjc)