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

Filing 415

ORDER re #341 Order Granting Plaintiff's Motion To Compel Discovery Under The Crime Fraud Exception To The Attorney Client Privilege. Signed by Magistrate Judge Nandor J. Vadas on 11/29/2011. (njvlc2, COURT STAFF) (Filed on 11/29/2011)

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1 2 3 NOT FOR CITATION 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 United States District Court For the Northern District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 COMPELLING IN CAMERA PRODUCTION OF DOCUMENTS Plaintiff, v. TOYAMA PARTNERS, LLC, et al., Defendants. 15 / 16 17 On October 28, 2011, this Court granted Plaintiff Dollar Store, Inc.’s motion to compel 18 discovery under the crime fraud exception. See Doc. No. 341. As an initial step, the Court ordered 19 defendants Toyama Partners, LLC et al. (“Defendants”) to supplement their privilege logs. Id. at 20 13-14; see also Doc. 373 (clarifying scope of supplementation). The Court planned to review the 21 logs in order to determine what documents to review in camera. Defendants supplemented their 22 privilege logs on November 14, 2011, the same day they filed a Motion for Relief from 23 Nondispositive Pretrial Order before Judge Illston pursuant to Local Rule 72-2. See Doc. No. 374. 24 Judge Illston denied the motion on November 29, 2011. Doc. No. 411. 25 For the reasons stated in its Order of October 28, 2011, the Court orders Defendants to 26 produce for in camera review the following documents, identified by the numbers that Defendants 27 have used in their Supplemental Privilege Logs dated November 14, 2011 and served on this Court: 28 From Toyama Partners, LLC’s log: 48, 138-140, 308-310, 388, 412-447; 1 From Rehon & Roberts, APC’s log: 38, 127-129, 288-290, 367, 391-426; 2 From Harry Fox’s log: 54, 59-60, 62, 67, 70-71, 83-84; and, 3 From Coontz & Matthews LLP’s log: 69, 148, 150-151, 154-155. 4 The Court has endeavored to limit its selection of documents to those bearing a direct and obvious 5 connection to the Second Amendment and/or the transfer of the Dollar Tree lease back to Toyama 6 Partners, LLC. If counsel are aware of any documents listed on their privilege logs that bear upon 7 these issues but were not identified in an obvious manner, Counsel also should produce those 8 documents to the Court for in camera inspection. Defendants shall submit two copies of each of these documents to the undersigned’s 10 United States District Court For the Northern District of California 9 chambers, located at 450 Golden Gate Avenue, 16th floor, San Francisco, California 94102, on or 11 before December 2, 2011. 12 Dated: November 29, 2011 13 NANDOR J. VADAS United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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