O'Connor et al v. Uber Technologies, Inc. et al

Filing 200

Order by Magistrate Judge Donna M. Ryu re 198 Discovery Letter Brief.(dmrlc1, COURT STAFF) (Filed on 11/13/2014)

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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 DOUGLAS OCONNOR, et al., 12 13 Plaintiffs, No. C-13-03826 EMC (DMR) ORDER ON JOINT DISCOVERY LETTER [DOCKET NO. 198] v. 14 UBER TECHNOLOGIES INC, 15 Defendant. ___________________________________/ 16 17 The court has reviewed the parties’ November 10, 2014 joint letter regarding their discovery 18 dispute. [Docket No. 198.] The court has determined that this matter is appropriate for adjudication 19 without oral argument pursuant to Civil Local Rule 7-1(b) and enters the following order. 20 In its November 6, 2014 order (Docket No. 194), the court ordered the parties to meet and 21 confer regarding the selection of a random sample of 100 deactivated California Uber drivers. The 22 court ordered Uber to produce documents regarding those drivers’ deactivations, including 23 communications with the drivers and any internal communications about those deactivations. In the 24 current joint letter, the parties report that Uber deactivates many drivers for reasons related to 25 required paperwork; e.g., failing to update drivers’ licenses, completing background checks, and 26 getting cars inspected. However, deactivations based on such technicalities do not illuminate the 27 legal issue underlying the court’s discovery order, i.e., the question of Uber’s “right to control the 28 manner and means of accomplishing the result desired.” See Ayala v. Antelope Valley Newspapers, 1 Inc., 59 Cal. 4th 522, 531 (2014) (citation omitted). Accordingly, in light of the burdens and 2 deadlines set in this case, the court amends its November 6, 2014 order as follows: according to the 3 parties’ agreed-upon methodology, Uber shall generate a randomly-selected list of 80 drivers who 4 were deactivated for non-paperwork related reasons (i.e. performance-related reasons). Random 5 means random. Neither Uber nor Plaintiffs may preview or otherwise take into account the 6 individual attributes of any driver deactivation file in creating the document production. All 7 documents regarding the deactivations of the 80 drivers shall be produced to Plaintiffs by no later 8 than November 24, 2014. 14 u a M. Ry e RYU gM.Donn DONNA Jud R NIA I FO 13 Dated: November 13, 2014 ERED ORD T IS SO United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A H ER LI 12 RT For the Northern District of California 11 UNIT ED IT IS SO ORDERED. NO United States District Court 10 RT U O S 9 S DISTRICT TE C TA N F D IS T IC T O R C

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