Roe et al v. Estate of Thomas White et al

Filing 1170

Order Setting Review Process for Post-Judgment Discovery. Signed by Magistrate Judge Nathanael M. Cousins on 07/31/2013. (nclc1S, COURT STAFF) (Filed on 7/31/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 JOSE ROE, and others,

Case No. 03-cv-04035 CRB (NC)

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ORDER RE: POST-JUDGMENT
REVIEW OF REPLOGLE FILES

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Plaintiffs,
v.

14 THOMAS F. WHITE, and others,
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Re: Dkt. No. 1086

Defendants.

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On July 31, 2013, the Court held a hearing regarding the next phase of review of the

18 Replogle documents that this Court found were responsive to Judge Breyer’s post-judgment
19 discovery order. See Dkt. Nos. 1086, 1168. This Order is to notify all affected parties that
20 the Court intends to produce these documents to the plaintiffs’ counsel and the guardian ad
21 litem for their review, in accordance with Judge Breyer’s order. Dkt. No. 1086.
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The responsive documents must be collected from chambers, scanned into searchable

23 PDFs, and given identification numbers by Coombs Reporting, Inc., an outside vendor that
24 has been hired by defendant Thomas White. Dkt. No. 1169. Coombs must assign an
25 identification number to each page of the responsive documents. Coombs must number the
26 documents in the order it receives them from the Court.
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In addition, there are two CDs that contain responsive material. The CD labeled

28 “HH” by the Court must be reproduced in its entirety, with all files in their native formats,
Case No. 03-cv-04035 CRB (NC)
ORDER RE: POST-JUDGMENT
REVIEW

1 and assigned one identification number. Only certain files on the CD labeled “BB” by the
2 Court are responsive. Coombs must copy and assign identification numbers to the files
3 contained in the folder labeled “Cassman.”
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Coombs must prepare one set of searchable PDFs and create three copies of the CD

5 “HH” and submit them, along with all originals, to chambers. No paper set needs to be
6 produced. Defendant will pay the costs of using Coombs’ service and must notify Coombs
7 of its obligations by providing a copy of this order.
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The Court will produce the searchable PDFs and the CD to plaintiffs’ counsel and the

9 guardian ad litem for their review.
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The guardian ad litem and plaintiffs’ counsel will have thirty days from the date of

11 production to review the responsive materials and to create a privilege log documenting any
12 objections they might have to producing the responsive materials to defendant. In addition,
13 the guardian ad litem and plaintiffs’ counsel must give a copy of this order to any other
14 party who may require notice that these materials will be produced to defendant, including
15 David Replogle, Ted Cassman, Nanci Clarence, Kate Dyer, and Stuart Hanlon. At the
16 conclusion of their review, the guardian ad litem and plaintiffs’ counsel will produce all
17 non-privileged documents to defendant’s counsel and file a privilege log. The log must
18 specify the documents alleged to be privileged, the bases for objection, and enough
19 information for a third party to understand the reasons supporting the objection. The Court
20 will hold a hearing on any objections defendant may have to the privilege log.
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All of the responsive materials produced are subject to the existing protective order.

22 Dkt. No. 1044.
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Any party may object to this order within fourteen days. Fed. R. Civ. P. 72(a).

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IT IS SO ORDERED.

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Date: July 31, 2013

_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 03-cv-04035 CRB (NC)
ORDER RE: POST-JUDGMENT
REVIEW

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