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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?