Donald v. Xanitos, Inc.

Filing 50

ORDER VACATING 48 ORDER TO SHOW CAUSE AND REQUIRING GOOD FAITH COMPLIANCE WITH DISCOVERY OBLIGATIONS re 47 First Discovery Letter Brief. Trial counsel for each side shall conduct a meaningful face-to-face, in person discussion, lasting a minim um of three hours, within the next seven days. If the parties are unable to agree on every issue, they shall file a joint letter of no more than five pages within seven days of the meet and confer session that describes why the discovery request is necessary or objectionable. Signed by Judge William H. Orrick on 09/29/2015. (jmdS, COURT STAFF) (Filed on 9/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAULA DONALD,

Case No. 14-cv-05416-WHO

Plaintiff,
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v.
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XANITOS, INC., et al.,
Defendants.

United States District Court
Northern District of California

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ORDER VACATING ORDER TO SHOW
CAUSE AND REQUIRING GOOD
FAITH COMPLIANCE WITH
DISCOVERY OBLIGATIONS
Re: Dkt. Nos. 47, 48, 49

I am baffled when lawyers seem unable to communicate. More than six months have

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passed since the disputed discovery was propounded. In light of the discovery letter and response

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to the Order to Show Cause, I ORDER that trial counsel for each side conduct a meaningful face-

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to-face, in person discussion, lasting a minimum of three hours, within the next seven days.

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There is no bright line dividing the discovery that is permissible for litigating a class

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certification motion and that which is allowed after certification. I do not strictly phase discovery

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prior to class certification precisely to avoid fights over this issue. I expect plaintiffs only to seek

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information they need to litigate their motion because of the cost and burden associated with

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merits-based discovery, and defendants to be reasonable in accommodating requests that appear

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merits-based but may also have relevance in a certification motion. In most cases, the parties can

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figure out how to cooperate and resolve these disputes.

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In the meet and confer session that I have required, plaintiff’s counsel shall, among other

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things, explain to defendant’s counsel why each discovery request is necessary to litigate

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plaintiff’s motion for class certification (or counsel shall agree to modify or defer the request).

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Defendant’s counsel shall figure out how to accommodate reasonable requests. Counsel shall

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explore whether obtaining a statistically relevant sample, redacting private information, and

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utilizing other methods of reducing the cost and burden of responding to discovery might obviate

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the need for bringing further disputes before this Court.
If the parties are unable to agree on every issue, they shall file a joint letter of no more than

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five pages within seven days of the meet and confer session that describes why the discovery

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request is necessary or objectionable.

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I will vacate the Order to Show Cause.

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IT IS SO ORDERED.

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Dated: September 29, 2015
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WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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