Wixon et al v. Wyndham Resort Development Corp., et al

Filing 263

FOURTH DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 4/30/2009. (bzsec, COURT STAFF) (Filed on 4/30/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WYNDHAM RESORT DEVELOPMENT CORP., et al., Defendant(s). CLARKE and REBECCA WIXON, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 07-2361 JSW (BZ) FOURTH DISCOVERY ORDER

Following a telephone conference to address the issues raised in Ms. Pritzker's letter dated April 28, 2009, at which all sides were represented by counsel, IT IS ORDERED as follows: 1. The Court's Order dated April 15, 2009 is amended to

permit plaintiffs to answer the interrogatories without reference to the recently produced electronic discovery. Plaintiffs shall supplement their answers by June 1, 2009. 2. I read the January 15, 2009 stipulated discovery

schedule as requiring Wyndham to have completed its ESI production by February 17, 2009, which would have included the production of any documents that were subject to a privilege screen. If Wyndham needed more time to screen and produce 1

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documents, it should have asked.

Had I been asked, I would

never have permitted Wyndham to produce all of the screened documents in bulk, at the very end of the screening process, and on the day that plaintiffs' class certification motion was due. In any event, the parties have agreed that Wyndham shall

inform plaintiffs of which of the newly produced documents it intends to use in its opposition to plaintiffs' motion for class certification, by no later than May 6, 2009. Accordingly, plaintiffs' earlier request that Wyndham be barred from using any of the recently produced documents in the class certification proceeding is DENIED without prejudice to being renewed before Judge White by way of objection to specific documents. I do not have the ability to alter Judge

White's certification schedule and the sanction as requested might be draconian and is better addressed in the context of specific documents. 3. 2009. Dated: April 30, 2009 Bernard Zimmerman United States Magistrate Judge
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Wyndham shall produce its privilege log by May 8,

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