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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALVIN TODD, et al., Case No. 13-cv-04984-JST Plaintiffs, 8 v. DISCOVERY ORDER 9 TEMPUR-SEALY INTERNATIONAL, INC., et al., 11 United States District Court Northern District of California 10 Re: ECF No. 82 Defendants. 12 The Court has received the parties’ Joint Discovery Letter Brief, dated November 20, 13 14 2014. ECF No. 82. In the Letter Brief, the Defendants request clarification of Part II.D. of the 15 Court’s November 17, 2014, Discovery Order or, in the alternative, relief from that portion of the 16 order commanding Defendants to produce all responsive documents within seven days of the 17 Order. Id. at 1. This order provides that clarification. In the parties’ Joint Discovery Letter Brief, filed on November 10, 2014, the parties 18 19 requested -- among other relief -- that the Court resolve a discovery dispute involving a delay in 20 production. ECF No. 79 at 8. Although the Plaintiffs identified the existence of a delay, only 21 Defendants described the nature of it. Id. According to the Defendants’ description, “[a] Sharefile 22 website, utilized to allow immediate download of the production malfunctioned, resulting in 23 Plaintiffs’ inability to download all the documents and gaps in Bates numbers.” Id. Although 24 there were gaps in the production, Defendants explained that the documents were all available in 25 electronic format. Id. These were the documents the Court ordered Defendants to produce within 26 seven days. 27 /// 28 /// 1 Plaintiffs did not identify as part of the dispute, and the Court therefore could not have 2 known about or ruled on, the production of approximately 100,000 additional documents that 3 Plaintiffs now claim have not been produced. ECF No. 82 at 8. 4 5 6 7 IT IS SO ORDERED. Dated: November 21, 2014 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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