Dodson et al v. Tempur-Sealy International, Inc. et al

Filing 85

DISCOVERY ORDER re 82 Joint Discovery Letter Brief Re Clarification of November 17, 2014 Discovery Order filed by Tempur-Pedic North America, LLC, Tempur-Sealy International, Inc. Signed by Judge Jon S. Tigar on November 21, 2014. (wsn, COURT STAFF) (Filed on 11/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALVIN TODD, et al.,

Case No. 13-cv-04984-JST

Plaintiffs,
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v.

DISCOVERY ORDER

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TEMPUR-SEALY INTERNATIONAL,
INC., et al.,

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United States District Court
Northern District of California

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Re: ECF No. 82

Defendants.

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The Court has received the parties’ Joint Discovery Letter Brief, dated November 20,

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2014. ECF No. 82. In the Letter Brief, the Defendants request clarification of Part II.D. of the

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Court’s November 17, 2014, Discovery Order or, in the alternative, relief from that portion of the

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order commanding Defendants to produce all responsive documents within seven days of the

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Order. Id. at 1. This order provides that clarification.
In the parties’ Joint Discovery Letter Brief, filed on November 10, 2014, the parties

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requested -- among other relief -- that the Court resolve a discovery dispute involving a delay in

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production. ECF No. 79 at 8. Although the Plaintiffs identified the existence of a delay, only

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Defendants described the nature of it. Id. According to the Defendants’ description, “[a] Sharefile

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website, utilized to allow immediate download of the production malfunctioned, resulting in

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Plaintiffs’ inability to download all the documents and gaps in Bates numbers.” Id. Although

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there were gaps in the production, Defendants explained that the documents were all available in

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electronic format. Id. These were the documents the Court ordered Defendants to produce within

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seven days.

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Plaintiffs did not identify as part of the dispute, and the Court therefore could not have

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known about or ruled on, the production of approximately 100,000 additional documents that

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Plaintiffs now claim have not been produced. ECF No. 82 at 8.

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IT IS SO ORDERED.
Dated: November 21, 2014
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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