Solis v. Seafood Peddler of San Rafael, Inc. et al
Filing
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TENTATIVE RULING re 20 Motion to Compel Further Production of Documents. Signed by Judge Nathanael M. Cousins on 08/20/2012. (nclc2, COURT STAFF) (Filed on 8/20/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,
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Plainitff,
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v.
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SEAFOOD PEDDLER OF SAN
RAFAEL, INC., dba SEAFOOD
PEDDLER; ALPHONSE SILVESTRI;
RICHARD MAYFIELD; FIDEL
CHACON,
Case No. 12-cv-0116 JW (NC)
TENTATIVE RULING RE:
SEAFOOD’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS
Re: Dkt. No. 20
Defendants.
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Defendant Seafood Peddler moves to compel the further production of documents
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responsive to Seafood’s first request for production of documents, including the FLSA
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Narrative that the Secretary inadvertently disclosed in responding to Seafood’s document
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request. Dkt. No. 20.
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This order provides the parties with a tentative ruling as to issues to be addressed
at the hearing on Seafood’s motion to compel:
(1) Waiver of Confidential Informant’s Privilege. The Secretary did not waive
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the confidential informant’s privilege by inadvertently producing the FLSA Narrative,
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DOL552-567, to Seafood’s counsel;
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(2) Delayed Production of Privilege Log. The Secretary did not waive all
asserted privileges by failing to provide a privilege log at the time she responded to
Case No. 12-cv-0116 JW (NC)
TENTATIVE RULING RE:
MOTION TO COMPEL
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Seafood’s document production request;
(3) Privilege Log. As to the privileges asserted by the Secretary, including the
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informant’s privilege, the deliberative process privilege, the attorney-client privilege, the
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work product doctrine, and the investigative files privilege, the Secretary’s index of
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documents withheld or redacted pursuant to a privilege or objection, Dkt. No. 28-6, is
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insufficient in its current form as it fails to describe the responsive material withheld; the
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identity and position of its author; the date it was written; the identity and position of all
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addressees and recipients, the material’s present location, and the specific reasons for its
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being withheld, including the privilege invoked and the grounds for withholding. See
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Fed. R. Civ. P. 26(b)(5)(A)(ii); see also Friends of Hope Valley v. Frederick Co., 268
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F.R.D. 643, 650-51 (E.D. Cal. 2010).
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Finally, Seafood’s reply asserts deficiencies in the Secretary’s privilege log that
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the Secretary has not had an opportunity to rebut. See Reply at 14-16. For example,
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Seafood contends that the work product privilege claimed as to “WH Letters to
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Employees” is waived as the documents have been shared with third parties. Id. at 15.
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The parties are therefore ordered to meet and confer in person in Courtroom A, 15th
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Floor, San Francisco at 9:00 a.m. on August 22, 2012 to discuss necessary amendments to
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be made to the Secretary’s privilege log and the need and timing for additional briefing
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regarding asserted privileges. The motion to compel hearing previously scheduled for
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9:00 a.m. will be held at 10:00 a.m. before Magistrate Judge Nathanael Cousins.
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IT IS SO ORDERED.
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DATED: August 20, 2012
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___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 12-cv-0116 JW (NC)
TENTATIVE RULING RE:
MOTION TO COMPEL
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