Garcia

BACKGROUND

26 On November 4, 2021, Defendants sought permission from the Court to amend their answer to Plaintiff’s complaint to add the affirmative defense of res judicata in light of recent PAGA claim settlements in Johnson v. Wal- Mart Stores, Inc., Cruz v. Wal-Mart Associates, Inc., and White and Jackson v. Wal-Mart, Inc. (ECF No. 95 at 4, 5). Defendants argue that the cases cover the same claims as Plaintiff’s PAGA claim. (Id.). The Court initially denied Defendants’ request, but on reconsideration, the Court granted Defendants leave to raise their res judicata defense on summary judgment after Plaintiff was afforded “. . . an adequate opportunity for discovery and investigation.” (ECF No. 136 at 6). District Judge Lorenz directed Magistrate Judge Dembin to “set a schedule for Plaintiff to conduct discovery and/or investigation to respond to Defendants’ res judicata defense.” (ECF No. 136 at 6). Judge Lorenz stated the following in the order: Plaintiff contends that there are “factual disputes as it relates to this proposed res judicata affirmative defense which would require 15 fact discovery to be conducted.” …