Carpenters Pension Trust Fund for Northern California et al v. Lindquist Family LLC et al

Filing 42

ORDER DISCHARGING ORDER TO SHOW CAUSE; REQUIRING FURTHER MEET AND CONFER. Signed by Magistrate Judge Donna M. Ryu on 01/17/14. (dmrlc2, COURT STAFF) (Filed on 1/17/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

11
For the Northern District of California

United States District Court

10
CARPENTER PENSION TRUST,

12
13

Plaintiff(s),
v.

14

ORDER DISCHARGING ORDER TO
SHOW CAUSE; REQUIRING FURTHER
MEET AND CONFER

LINDQUIST FAMILY LLC,

15

No. C-13-01063 DMR

Defendant(s).
___________________________________/

16
17

On December 13, 2013, Plaintiffs and non-party Lauren Bockmiller filed a joint discovery

18

letter. [Docket No. 31.] On December 27, 2013, this court denied the joint discovery letter without

19

prejudice, as it appeared the parties were still in the process of meeting and conferring, and ordered

20

the parties to further meet and confer and file a joint discovery letter on any remaining disputes by

21

January 9, 2014. [Docket No. 36.] The court also ordered Bockmiller to simultaneously lodge with

22

the court the fifteen documents listed on her privilege log (Docket No. 34) for in camera review if

23

the parties were unable to resolve their disputes. Id.

24

Bockmiller’s counsel did not make himself available to meet and confer as the court had

25

ordered. [Docket No. 37.] On January 13, 2014, this court ordered Bockmiller to show cause why

26

her failure to follow the court’s orders as described above should not result in a ruling against her.

27

[Docket No. 38.] Another attorney affiliated with Bockmiller’s counsel’s firm responded to this

28

1

order to show cause and averred that Bockmiller’s counsel came down with an illness beginning on

2

December 24, 2013. [Docket No. 39.] The order to show cause is therefore discharged.

3

The parties are ordered to continue to meet and confer about the discovery issues raised in

court intervention, Bockmiller shall lodge with the court all documents listed on the privilege log in

6

a binder with tabs that correspond to the item number in the privilege log, and shall indicate with

7

highlighting the portions of the documents she is withholding on the basis of privilege by January

8

24, 2014. The parties shall file a joint discovery letter regarding the remaining discovery issues by

9

January 31, 2014. If the parties continue to dispute whether the attorney-client privilege protects

10

information disclosed by members of an LLC to other members, or by the LLC’s attorneys to non-

11

managing members of the LLC, any joint discovery letter must fully brief the issue, including by

12

discussing case law on the matter and explaining the management and decisionmaking structure of

13

the Lindquist Family LLC.

Dated: January 17, 2014

NO

M.
Do na
dgeRYUn
Ju
DONNA M.

19

RT

20

Ryu

United States Magistrate Judge

ER

H

21
22
23
24
25
26
27
28

2

A

18

D

RDERE

OO
IT IS S

R NIA

17

FO

IT IS SO ORDERED.

UNIT
ED

16

S

15

S DISTRICT
TE
C
TA

LI

14

RT
U
O

For the Northern District of California

their original joint discovery letter. If the parties are still unable to resolve these issues without

5

United States District Court

4

N

F
D IS T IC T O
R

C