Alani v. Alaska Airlines, Inc.

Filing 50

ORDER COMPELLING PRODUCTION OF DOCUMENTS BY DEFENDANT ALASKA AIRLINES re 48 Letter filed by Alaska Airlines, Inc., 46 Letter filed by Abdul Alani (whalc2, COURT STAFF) (Filed on 9/29/2011)

1 DEBORAH C. ENGLAND, ESQ. (SBN: 122424)
Attorney At Law
2 351 California Street, Suite 700
San Francisco, CA 94104
3 Telephone: [phone]
Facsimile: [phone]
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Attorney for Plaintiff
5 ABDUL ALANI
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 ABDUL ALANI,
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Plaintiff,

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v.

Case No. CV-10-2766 WHA
[PROPOSED] ORDER COMPELLING
PRODUCTION OF DOCUMENTS BY
DEFENDANT ALASKA AIRLINES, INC.

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ALASKA AIRLINES, INC.; CORPORATE
15 DOES 1-20; and INDIVIDUAL DOES 21-40,
16 inclusive,
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Defendants.

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[PROPOSED] ORDER COMPELLING PRODUCTION OF DOCUMENTS
BY DEFENDANT ALASKA AIRLINES, INC.
CASE NO. CV-10-2766 WHA

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Plaintiff Abdul Alani’s Second Request for Production of Documents sought production

2 of, inter alia, reports submitted to Defendant by any Alaska Airlines technician under the terms
3 of the “Aviation Safety Action Program” (“ASAP”) during the period January 1, 2000, to date.
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Defendant objected and declined to produce the documents on the grounds that Alaska Airlines

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does not have the unilateral right to produce the ASAP documents, that they are neither relevant
nor likely to lead to the discovery of admissible evidence regarding Plaintiff’s national origin and

8 retaliation claims, and that production of the documents would chill ASAP reporting by
9 employees.
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The parties met and conferred, as a consequence of which Plaintiff narrowed his request
to ASAP reports submitted to Defendant by avionics technicians in the specified period, with the
technicians’ names redacted and replaced by a numeric code. Defendant responded that its

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objections remained and declined to produce the requested documents.
Plaintiff sought an order compelling Defendant to produce ASAP reports submitted to it

16 by avionics technicians. Plaintiff submitted to the Court a letter brief dated September 20, 2011,
17 summarizing the relief sought, pursuant to the Supplemental Order to Order Setting Initial Case
18 Management Conference in Civil Cases Before Judge William Alsup. Defendant submitted to the
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Court a letter brief in opposition dated September 23, 2011. This matter came on for hearing

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before the Honorable William H. Alsup on September 26, 2011, at 2:00 p.m., Deborah C.
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England, Esq., appearing for Plaintiff and Angela M. Corridan, Esq., of Davis Wright Tremaine,

23 LLP, appearing for Defendant.
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The Court, having considered the pleadings and papers filed in support and opposition to

25 Plaintiff’s request for relief, the other pleadings and papers on file in this matter, as well as the
26 arguments of counsel, now orders as follows:Defendant is ordered to produce ASAP reports
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submitted by technicians employed by Defendant at either San Francisco International Airport or

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[PROPOSED] ORDER COMPELLING PRODUCTION OF DOCUMENTS
BY DEFENDANT ALASKA AIRLINES, INC.
CASE NO. CV-10-2766 WHA

1 Oakland International Airport, who have submitted three or more ASAP reports, whether
2 accepted or rejected by the ASAP committee, during the period January 1, 2007, through August
3 31, 2008. The name of a technician submitting any ASAP report to be produced shall be
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redacted and replaced by a unique numeric code assigned to the individual technician. The

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redacted documents may be produced by Defendant subject to the stipulated Protective Order
entered in this action.
The documents to be produced shall be served on Plaintiff’s counsel not later than

9 October 11, 2011. Defendant shall have one week from the date of the hearing of this matter to
10 submit a letter on behalf of the Federal Aviation Administration (“FAA”) and/or the Aircraft
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Mechanics Fraternal Organization (“AMFA”), respectively, if either entity objects to the
disclosure of the redacted documents, requesting to be heard to object to this Order.

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SO ORDERED.

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16 Dated: September 29, 2011.

______________________________
HON. WILLIAM H. ALSUP
William Alsup
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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Approved as to form.

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Dated: September 28, 2011

DAVIS WRIGHT TREMAINE, LLP

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By: /s/ Angela M. Corridan
ANGELA M. CORRIDAN

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[PROPOSED] ORDER COMPELLING PRODUCTION OF DOCUMENTS
BY DEFENDANT ALASKA AIRLINES, INC.
CASE NO. CV-10-2766 WHA

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Deborah C. England, attest that I obtained the concurrence of Angela M. Corridan, in
filing this document.
I declare under penalty of perjury of the laws of the United States that the foregoing is true
and correct. Executed this 28th day of September, 2011, at San Francisco, California.

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/s/ Deborah C. England
Deborah C. England

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[PROPOSED] ORDER COMPELLING PRODUCTION OF DOCUMENTS
BY DEFENDANT ALASKA AIRLINES, INC.
CASE NO. CV-10-2766 WHA