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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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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United States District Court
For the Northern District of California

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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.

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Defendants request a stay of this Court’s order granting Plaintiff’s motion to compel

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discovery under the crime-fraud exception (Doc. No. 341). That order only required Defendants to

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supplement their privilege logs through April 22, 2011, and to “add a description sufficient to

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describe the subject matter of the communication” withheld on privilege grounds; it did not require

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Defendants to produce any documents for in camera review. Doc. No. 341 at 13. The Court will

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not order the production of any documents until it reviews the updated logs. Defendants’ appeal to

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Judge Illston therefore will not be rendered moot by the production of supplemental privilege logs

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on November 14, 2011. Moreover, a stay would prejudice Plaintiff, as it would preclude Plaintiff

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from including information gleaned from the supplemental privilege logs in its reply in support of its

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motion for summary judgment as to the fraudulent transfer claim. See Doc. No. 371 at 2. The

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request for a stay is denied.

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Defendants have not argued that the Court’s order was unduly burdensome and have not

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sought relief on that ground, but their request for clarification implies they would find the order

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would impose an undue burden if it applied to all entries on their privilege logs. The Sale

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Agreement for the Mowry Crossing Shopping Center was dated January 18, 2011, and evidence in

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the record establishes that Defendants Pau and Toyama contemplated the sale of the shopping center

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before that date. The order requiring Defendants to supplement their privilege logs therefore applies

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to all the entries listed between January 18, 2011 and April 22, 2011. The order also applies to any

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specific entries predating January 18, 2011 that relate to the transfer of the Dollar Tree lease from

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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

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IT IS SO ORDERED

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Dated: November 10, 2011
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NANDOR J. VADAS
United States Magistrate Judge

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