Alger v. FCA US LLC

Filing 124

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/19/19 GRANTING 117 joint request to file under seal an unredacted version of the Joint Statement Re Discovery Disagreement and Exhibits C - F to the declaration of Fred J. Fresard. The Cler k is directed to file under seal the complete, unredacted version of these documents. Defendant's 90 motion to strike the rebuttal reports from plaintiff's experts Dr. Bruce Davis, Dr. Francesco Biondi, Dr. Mariusz Ziejewski, and Dr. Al lise Wachs is DENIED. Plaintiff's 101 motion to compel further responses to requests for production of documents ("RPD") and interrogatories is GRANTED. Defendant shall produce all documents responsive to RPD No. 29 by no later t han 11/20/2019. Defendant shall provide further responses to Interrogatories Nos. 20-23 and produce all documents responsive to RPD Nos. 10-14 and 33-36 by no later than 11/27/2019. Plaintiff's 102 motion to compel compliance with deposition subpoenas is GRANTED. Defendant shall produce all documents requested in each subpoena by 12:00 p.m. the day preceding each deposition. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN ALGER,

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No. 2:18-cv-360-MCE-EFB

Plaintiff,
v.

ORDER AFTER HEARING

FCA US LLC, a Delaware Corporation
formerly known as Chrysler Group LLC,
Defendant.

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This case was before the court on November 13, 2019, for hearing on the parties’ joint

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request to seal documents (ECF No. 117); defendant’s motion to strike the rebuttal reports from

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plaintiff’s experts Dr. Bruce Davis, Dr. Francesco Biondi, Dr. Mariusz Ziejewski, and Dr. Allise

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Wachs (ECF No. 90); and plaintiff’s motions to compel further responses to requests for

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production of documents and interrogatories (ECF No. 101) and compliance with deposition

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subpoenas (ECF No. 102). Attorney Brittany Mouzourakis appeared on behalf of defendant, and

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attorney Stuart Talley appeared on behalf of plaintiff.

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For the reasons stated on the record, it is hereby ORDERED that:

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1. The parties’ joint request to file under seal an unredacted version of the Joint Statement

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Re Discovery Disagreement and Exhibits C through F to the declaration of Fred J. Fresard (ECF

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No. 117) is granted. The Clerk is directed to file under seal the complete, unredacted version of
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these documents. The documents shall remain under seal indefinitely, pending further order of

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this court.

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2. Defendant’s motion to strike the rebuttal reports from plaintiff’s experts Dr. Bruce

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Davis, Dr. Francesco Biondi, Dr. Mariusz Ziejewski, and Dr. Allise Wachs (ECF No. 90) is

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denied.

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3. Plaintiff’s motion to compel further responses to requests for production of documents

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(“RPD”) and interrogatories (ECF No. 101) is granted. Defendant shall produce all documents

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responsive to RPD No. 29 by no later than November 20, 2019. Defendant shall provide further

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responses to Interrogatories Nos. 20-23 and produce all documents responsive to RPD Nos. 10-14

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and 33-36 by no later than November 27, 2019. With each production, defendant shall provide a

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certification, singed under penalty of perjury, verifying that a diligent search has been conducted

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and that all responsive documents discovered have been performed.

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4. Plaintiff’s motion to compel compliance with deposition subpoenas (ECF No. 102) is

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granted. Defendant shall produce all documents requested in each subpoena by 12:00 p.m. the

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day preceding each deposition.

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DATED: November 19, 2019.

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