Delano Farms Company et al v. The California Table Grape Commission

Filing 176

ORDER REQUIRING the California Table Grape Commission to Produce Unredacted Documents, signed by Magistrate Judge Jennifer L. Thurston on 8/1/2012. (Hall, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELANO FARMS COMPANY, et al.,

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Case No. 1:07-cv-01610-LJO-JLT

Plaintiffs,

ORDER REQUIRING THE CALIFORNIA
TABLE GRAPE COMMISSION TO
PRODUCE UNREDACTED DOCUMENTS

v.
THE CALIFORNIA TABLE GRAPE
COMMISSION, et al.,

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Defendants.
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On August 1, 2012, the Court conducted an informal discovery conference. At issue were

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documents produced by Defendant, The California Table Grape Commission, related to

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“amnesty” granted to 18 growers for their possession of grape varieties at issue. The Commission

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has refused to produce unredacted copies of the amnesty “agreements” as to 14 growers because

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it had assured the growers that their identities would remain confidential. 1

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Commission expressed concerns that the growers may not wish the public and/or other growers to

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know they had these grape varieties during a specific period, The Commission did not wish time

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to provide formal briefing on the topic.

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Based upon the argument of counsel, the Court ORDERS,

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1.

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Though The

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The Commission SHALL produce to Plaintiffs’ counsel unredacted copies of the

The Commission has produced unredacted agreements as to four growers who have notified The
Commission that they did not object to their identities being disclosed.

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documents at issue, no later than August 10, 2012;

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2.

Immediately, the Commission SHALL notify the 14 growers at issue of this order

to allow them to take steps, if they wish, to contest the revelation of their identities;

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3.

Counsel SHALL enter into a stipulated protective order related to this information

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which SHALL recognize that only upon the showing required by Local Rules 141, 141.1 will the

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Court consider filing this information under seal. The stipulated protective order SHALL be filed

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no later than August 8, 2012;

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4.

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In addition, the scheduling order is amended as follows:
a.

All non-expert discovery SHALL be completed no later than November 5,

b.

No other modifications to the scheduling order are authorized.

2012;

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IT IS SO ORDERED.
Dated:

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August 1, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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