Balero et al v. Lumber Liquidators, Inc.

Filing 60

ORDER REGARDING EVIDENCE PRESERVATION ORDER AND RELATED NOTICE. Signed by Judge Jon S. Tigar on May 7, 2015. (wsn, COURT STAFF) (Filed on 5/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH MICHAEL BALERO, et al.,

Case No. 15-cv-01005-JST

Plaintiffs,
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v.
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LUMBER LIQUIDATORS, INC.,

ORDER REGARDING EVIDENCE
PRESERVATION ORDER AND
RELATED NOTICE

Defendant.

United States District Court
Northern District of California

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Now before the Court is the parties’ dispute regarding an appropriate evidence preservation

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order. The parties originally proposed competing versions of such an order in the Joint Case

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Management Statement filed April 21, 2015, ECF No. 43. At the Court’s direction, the parties

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then submitted competing Supplemental Case Management Statements justifying their respective

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proposed orders. ECF Nos. 55, 56.

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Having considered the parties’ arguments, the Court will adopt Plaintiffs' proposed

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evidence preservation order, as modified by Plaintiffs' Supplemental Case Management

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Conference Statement Regarding Evidence Preservation. ECF No. 56 at 3. The Court will also

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order that Plaintiffs insert the following paragraph after the first full paragraph of the order:

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One purpose of the present Order is to maintain the status quo until
such time as the Judicial Panel on Multidistrict Litigation either
selects a transferee court or denies the pending motion to coordinate.
This Court, or a transferee court, may hereafter modify any term of
this Order, including the terms regarding the temporal or subject
matter scope of Lumber Liquidators' or its agents' obligation to
maintain documents or information. Also, the terms of this Order
regarding temporal and subject matter scope are intended to govern
evidence preservation only, and do not constitute findings by the
Court regarding any party or entity's obligation to produce
documents in response to a future discovery request in this
proceeding.

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The Court will also adopt the form of notice attached as Exhibit A to the Plaintiffs'
Supplemental Case Management Conference Statement.
IT IS SO ORDERED.
Dated: May 7, 2015
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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