Garvey v. Kmart Corporation

Filing 400

ORDER RE JULY 17, 2013, DISCOVERY DISPUTE [re #397 Discovery Letter Brief filed by Kmart Corporation]. Signed by Judge William Alsup on 7/22/2013. (whasec, COURT STAFF) (Filed on 7/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LISA GARVEY, individually and on
behalf of all others similarly situated,

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Plaintiff,

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No. C 11-02575 WHA
v.
ORDER RE JULY 17, 2013,
DISCOVERY DISPUTE

KMART CORPORATION, and
DOES 1–50, inclusive,
Defendants.
/

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Having read both sides’ letters, the Court rules as follows: The subpoena propounded

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by plaintiff to the law firm of Winston & Strawn will be deemed to be a subpoena to produce

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materials at the evidentiary hearing. Winston & Strawn should submit a proper privilege log

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at least TWO CALENDAR DAYS before the hearing. No documents need be produced in advance

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of the hearing inasmuch as discovery was not re-opened for purposes of the evidentiary hearing.

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After the Court hears evidence at the hearing or perhaps during the hearing itself, the Court will

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decide the extent to which the documents requested are necessary and the extent to which the

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latest requests are proper. It is premature to identify those now and the Court will do so as

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needed after hearing the testimony. Defense counsel and Winston & Strawn shall bring to the

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hearing (and be ready to produce if so ordered) all documents that relate to the original requests

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at issue, the searches at issue, and the productions at issue.

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IT IS SO ORDERED.

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Dated: July 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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