Roe v. American Databank, LLC

Filing 88

REQUEST RE PLAINTIFFS RECORDS AND BRIEFING. Responses due August 8 at noon.. Signed by Judge Alsup on August 1, 2014. (whalc1, COURT STAFF) (Filed on 8/1/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ASTRAILIA I. DUNFORD, individually and
on behalf of all similarly situated,

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For the Northern District of California

United States District Court

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No. C 13-03829 WHA

Plaintiff,
v.
AMERICAN DATABANK LLC,

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REQUEST RE PLAINTIFF’S RECORDS
AND BRIEFING

Defendant.
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A prior order asked Ms. Dunford for a declaration addressing her criminal history (Dkt.
No. 48). She submitted a declaration, dated July 1, 2014, which stated (Dunford Decl. ¶ 22):

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Finally, in 2010[,] I was convicted of a misdemeanor in Lake
Tahoe, Nevada for the improper disposal of garbage. I have also
recently been arrested on a charge of residential vandalism. I
have been unable to retrieve court documents for these charges.
However, none of these crimes have been disclosed in the subject
American DataBank consumer report.

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Surely plaintiff’s counsel are able to retrieve the documents for these charges.
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1.

By NOON ON AUGUST 8, plaintiff’s counsel shall submit: (i) all records

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regarding the misdemeanor Lake Tahoe conviction; (ii) all records regarding the residential
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vandalism arrest and charge; (iii) a declaration from Ms. Dunford describing the circumstances
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around the “recent” arrest on residential vandalism (e.g., when it occurred and what has
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happened since then); and (iv) points and authorities regarding whether Ms. Dunford’s criminal
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history (including seven convictions contained on her report) warrants rejecting her as a
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proposed class representative with fiduciary duties to absent class members under FRCP 23.

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The points and authorities shall not exceed seven pages. Defense counsel shall submit a

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response (not to exceed five pages) by 5:00 P.M. ON AUGUST 11, 2014.

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2.

In light of the reference to advice of counsel in the declarations submitted by

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defendant (Bradley Decl. ¶¶ 1, 10; Adams Decl. ¶ 2–4), by NOON ON AUGUST 8, both sides

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shall submit briefing (each brief shall not exceed ten pages) addressing the extent to which

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these references waive the attorney-client privilege and the extent to which discovery thereon

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shall be permitted.

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Dated: August 1, 2014.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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