CSPC Dophen Corporation v. Hu

Filing 93

ORDER signed by Magistrate Judge Deborah Barnes on 8/3/18. ORDERING that Plaintiff's 6/25/18 request for access (ECF No. 80 ) is GRANTED; Plaintiff shall contact the undersigned's Courtroom Deputy at 916-930-4128 to arrange retrieval of the evidence in the Court's possession; Prior to review of that evidence plaintiff shall hire a vendor to remove or segregate any attorney-client privileged information found in the evidence; and the information found in that evidence shall be governed by the stipulated protective order previously entered in this action (ECF No. 44 ). (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CSPC DOPHEN CORPORATION,

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No. 2:17-cv-1895 MCE DB PS

Plaintiff,

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v.

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ZHIXIANG HU,

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ORDER

Defendant.

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Defendant is proceeding in this action pro se. (ECF No. 68.) Accordingly, this action has
been referred to the undersigned pursuant to Local Rule 302(c)(21).

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On April 16, 2018, plaintiff filed a motion to compel discovery and noticed the matter for

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hearing before the undersigned. (ECF No. 52.) That same day, defendant’s former counsel filed

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a request to withdraw. (ECF No. 51.) Plaintiff filed a non-opposition to the motion to

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withdrawal. (ECF No. 61.)

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However, plaintiff’s non-opposition noted that defense counsel may have been in

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possession of relevant evidence, specifically a purported backup disk of a laptop computer from

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which defendant may have attempted to delete information. (Id. at 2.) On May 29, 2018, the

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assigned District Judge issued an order granting defense counsel’s motion to withdraw. (ECF No.

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68.) That order noted, however, that there existed a “relatively strong indication that spoliation

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has already occurred or at least been attempted in this case[.]” (Id. at 3.)
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Accordingly, the assigned District Judge ordered defense counsel to lodge a complete

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copy of the purported backup disc, and any other portable storage device, with the Court so as to

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eliminate the risk of potential further spoliation.1 (Id.) Plaintiff was also ordered to file a status

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report following the undersigned’s resolution of plaintiff’s motion to compel, and “request access

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to the lodged evidence, if appropriate.” (Id. at 4.) On June 7, 2018, the court received a backup

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disc or other portable storage device. (ECF No. 71.)
On June 19, 2018, the undersigned issued an order granting plaintiff’s motion to compel.

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(ECF No. 77.) On June 25, 2018, plaintiff filed a status report and request to access the lodged

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evidence. (ECF No. 80.) Plaintiff asserts that the lodged evidence contains responsive discovery

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subject to the undersigned’s June 19, 2018 order. (Id. at 2.) On July 10, 2018, the assigned

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District Judge referred plaintiff’s pending request for access to the undersigned. (ECF No. 82.)

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Defendant has not filed an opposition to plaintiff’s request.

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Accordingly, upon consideration of the arguments on file and for the reasons set forth
above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s June 25, 2018 request for access (ECF No. 80) is granted;

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2. Plaintiff shall contact the undersigned’s Courtroom Deputy at 916-930-4128 to arrange

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retrieval of the evidence in the Court’s possession;

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3. Prior to review of that evidence plaintiff shall hire a vendor to remove or segregate any
attorney-client privileged information found in the evidence; and

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4. The information found in that evidence shall be governed by the stipulated protective

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order previously entered in this action (ECF No. 44).

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Dated: August 3, 2018

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DLB:6
DB\orders\orders.pro se\cspc1895.le.ord
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After counsel lodged the copy, counsel was permitted to provide defendant the original
evidence. (ECF No. 68 at 3.)
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