Animal Blood Bank, Inc. et al v. Hale

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 07/08/11 ORDERING that parties shall meet and confer pursuant to this order. Hearing set for 07/14/2011 at at 10:00 a.m., in Courtroom 25 is hereby VACATED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANIMAL BLOOD BANK, INC., et al.,

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Plaintiffs,

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vs.

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No. 2:10-cv-02080-KJM-KJN

ANNE S. HALE,

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Defendant.

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ORDER
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On July 7, 2011, at the request of the parties, Magistrate Judge Kendall J.

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Newman presided over in an informal telephonic discovery conference.1 By the parties’ consent,

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the conference occurred off-the-record. Attorney Marc Koenigsberg attended on behalf of the

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plaintiffs Animal Blood Bank, Inc. and Michael and Patricia Kaufman (the “plaintiffs”).

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Attorney Kellie Murphy attended on behalf of the defendant Anne S. Hale (the “defendant”). For

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the reasons given to the parties during the informal conference, the court orders the following:

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1.

Defendant’s counsel will investigate whether documents on defendant’s

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personal laptop can be organized and/or imaged to include folders, directories, etc., so as to

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enable plaintiffs to navigate the approximately 18,000 documents copied from the laptop and to

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allow defendant to direct plaintiffs to specific folders, directories, Bates-stamp number ranges,

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1

This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(1) and 28 U.S.C. § 636(b)(1).

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etc., in identifying documents responsive to plaintiffs’ discovery requests.

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2.

Within two weeks of the date of this order, defendant’s counsel shall

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inform plaintiffs’ counsel in writing as to whether the documents on defendant’s personal laptop

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can be organized and/or imaged in the manner described above. If it becomes clear that the

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documents on defendant’s personal laptop can be organized and/or imaged in the manner

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described above, within one week thereafter defendant shall produce the responsive documents

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held on defendant’s personal laptop. Defendant may choose to specifically identify the folders,

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directories, or Bates ranges of the responsive documents rather than reprinting and producing

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them. If it becomes clear that the documents on defendant’s personal laptop cannot be organized

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and/or imaged in the manner described above, defendant may present alternative proposals

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regarding the organization of the 18,000 documents on her laptop for purposes of discovery in

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this case. If defendant fails to make acceptable alternative proposals, the court may order

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defendant herself to review and organize the 18,000 documents and identify which individual

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documents are responsive to plaintiffs’ discovery requests.

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3.

Within seven days of the date of this order, all counsel shall meet and

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confer regarding terms of a protective order designed to help alleviate various privacy concerns

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and objections in this case. The parties are directed to Local Rule 141.1. Such a protective order

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shall be signed within seven days of commencing this meet and confer process.

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4.

Within seven days of the date of this order, all counsel shall meet and

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confer regarding the specific contents of an “updated” declaration from defendant Hale regarding

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the use of her personal laptop since September 14, 2010. (Dkt. No. 12-2, ¶ 5.) Within seven

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days after counsel commence the meet and confer process regarding the desired content of

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defendant Hale’s updated declaration, defendant Hale shall sign the declaration. If counsel are

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unable to agree on the specific contents of the declaration, the parties may file the necessary

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motion(s), including, but not limited to, a motion requesting a re-imaging of plaintiff’s laptop.

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5.

Defendant is to produce a revised privilege log by Monday, July 11, 2011,

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to remedy the “minor” defects therein, as the parties have met and conferred about and as

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discussed during the informal conference.

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6.

Within seven days of the date of this order, defendant’s counsel is to

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contact defendant Hale’s accountant, who is apparently in possession of certain documents, and

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inquire about the status of those documents. Within seven days of defendant’s counsel’s contact

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with defendant’s accountant on this issue, defendant’s counsel is to communicate to plaintiffs’

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counsel in writing regarding the status of these documents and provide an update on their

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production. If defendant’s accountant is not responsive, counsel for either party shall inform the

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court and may seek the further intervention of the undersigned.
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The hearing currently set for July 14, 2011, at 10:00 a.m., in Courtroom 25

is hereby vacated.
IT IS SO ORDERED.
DATED: July 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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