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NOT FOR CITATION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