De Abadia-Peixoto et al v. United States Department of Homeland Security et al

Filing 114

ORDER re 111 Joint Discovery Status Letter Brief filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose. Signed by Judge Kandis A. Westmore on 11/30/2012. (kawlc1, COURT STAFF) (Filed on 11/30/2012)

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United States District Court
Northern District of California

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UELIAN DE ABADIA-PEIXOTO, et al.,

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Plaintiffs,

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Case No.: CV 11-04001 RS (KAW)
ORDER RE 11/19/12 JOINT
DISCOVERY STATUS LETTER

v.
U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Defendants.

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United States District Court
Northern District of California

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The Court is in receipt of the joint discovery status letter filed on November 19, 2012.

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(Dkt. No. 111). The Court acknowledges and appreciates the parties’ ongoing efforts to meet and

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confer in an attempt to avoid seeking further court intervention. Upon review of the letter, the

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Court understands that there are two potential, ongoing disputes, which the Court will address in

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brief in an effort to provide some guidance to assist the parties in their meet and confer efforts.

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As to the ongoing dispute regarding Defendants’ obligation to search email records for

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responsive documents, Defendants should be advised that searching email is not generally

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regarded as unduly burdensome and is part of e-discovery. That said, the Court appreciates the

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parties’ willingness to further meet and confer to resolve this dispute informally.

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With regard to potentially substituting a new jurisdiction should Defendants contend that a

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search for responsive documents is either unduly burdensome or that no responsive documents

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exist, Defendants should take into consideration that Plaintiffs have voluntarily narrowed the

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scope of discovery from 59 immigration courts to 5-10. To the extent that Defendants are

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unwilling to produce from a particular jurisdiction on the basis of burden, the parties should meet

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and confer to reach a fair and reasonable resolution before seeking court intervention.

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DATE: November 30, 2012

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge