Cornerstone Staffing Solutions, Inc. v. James et al

Filing 233

Discovery Order re: 225 and 226 . Signed by Judge Joseph C. Spero on November 5, 2013. (jcslc3S, COURT STAFF) (Filed on 11/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORNERSTONE STAFFING
SOLUTIONS, INC.,

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Case No. 12-cv-01527-RS (JCS)

Plaintiff.

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DISCOVERY ORDER

v.

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Re: Dkt. Nos. 225, 226
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LARRY THAXTER JAMES, et al.,
Defendants.

United States District Court
Northern District of California

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On October 22, 2013, the parties filed two joint letters before the Court, seeking to compel

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Plaintiff to provide various discovery responses (“Motion”). For the reasons stated on the record at

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the hearing held on November 1, 2013 (“Hearing”), the Motion is GRANTED in part and

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DENIED in part as follows: (1) with respect to documents listed in Attachment A to Exhibit 1 of

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Dkt. No. 225, the Motion is denied for failure to meet and confer in person before filing a joint

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letter pursuant to the Court’s standing orders1; (2) with respect to other documents requested in

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Attachment A of Dkt. No. 225, the request is granted but, if after a reasonably diligent search the

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documents cannot be located, Plaintiff shall file a declaration detailing all efforts made to locate

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the missing documents and, if any documents have been destroyed, Plaintiff shall file a declaration

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detailing how, where, when, and why those documents were destroyed; production of such
documents and any declaration shall occur within fourteen days of the date of the Hearing; (3)
with respect to documents listed in Exhibits 2, 3 and 4 of Dkt. No. 226 for which the attorneyclient privilege is asserted, Plaintiff shall (a) produce all documents except those created during
2009 by November 8, 2013 and (b) prepare a supplementation of the privilege logs sufficient to
demonstrate the applicability of the attorney-client privilege to documents created during 2009;
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See Civil Standing Orders for Magistrate Judge Joseph C. Spero ¶ 8.

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parties shall meet and confer regarding this supplementation by November 15, 2013; and (4) with

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respect to documents listed in Exhibits 2, 3 and 4 of Dkt. No. 226 for which the tax return

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privilege is maintained, Plaintiff shall produce all documents, including correspondence with

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accountants and financial information given to accountants, within fourteen days of the Hearing;

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however, Plaintiff need not produce tax returns and correspondence with accountants regarding

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the preparation of tax returns.

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IT IS SO ORDERED.

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Dated: November 5, 2013
______________________________
JOSEPH C. SPERO
United States Magistrate Judge

United States District Court
Northern District of California

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