Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 373

ORDER re 369 Letter filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau. Signed by Magistrate Judge Nandor J. Vadas on 11/10/2011. (njvlc2, COURT STAFF) (Filed on 11/10/2011)

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1 2 3 NOT FOR CITATION 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 United States District Court For the Northern District of California 10 11 12 13 14 No. CV 10-0325 SI (NJV) DOLLAR TREE STORES, INC., ORDER DENYING DEFENDANT’S MOTION FOR STAY; CLARIFYING ORDER OF OCTOBER 28, 2011 Plaintiff, v. (Doc. No. 369) TOYAMA PARTNERS LLC, et al., Defendants. 15 / 16 17 Defendants request a stay of this Court’s order granting Plaintiff’s motion to compel 18 discovery under the crime-fraud exception (Doc. No. 341). That order only required Defendants to 19 supplement their privilege logs through April 22, 2011, and to “add a description sufficient to 20 describe the subject matter of the communication” withheld on privilege grounds; it did not require 21 Defendants to produce any documents for in camera review. Doc. No. 341 at 13. The Court will 22 not order the production of any documents until it reviews the updated logs. Defendants’ appeal to 23 Judge Illston therefore will not be rendered moot by the production of supplemental privilege logs 24 on November 14, 2011. Moreover, a stay would prejudice Plaintiff, as it would preclude Plaintiff 25 from including information gleaned from the supplemental privilege logs in its reply in support of its 26 motion for summary judgment as to the fraudulent transfer claim. See Doc. No. 371 at 2. The 27 request for a stay is denied. 28 1 Defendants have not argued that the Court’s order was unduly burdensome and have not 2 sought relief on that ground, but their request for clarification implies they would find the order 3 would impose an undue burden if it applied to all entries on their privilege logs. The Sale 4 Agreement for the Mowry Crossing Shopping Center was dated January 18, 2011, and evidence in 5 the record establishes that Defendants Pau and Toyama contemplated the sale of the shopping center 6 before that date. The order requiring Defendants to supplement their privilege logs therefore applies 7 to all the entries listed between January 18, 2011 and April 22, 2011. The order also applies to any 8 specific entries predating January 18, 2011 that relate to the transfer of the Dollar Tree lease from 9 any purchaser back to Toyama as part of or after the sale of the shopping center. United States District Court For the Northern District of California 10 11 IT IS SO ORDERED 12 13 Dated: November 10, 2011 14 NANDOR J. VADAS United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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