Cave Consulting Group, Inc. v. OptumInsight, Inc.,

Filing 95

ORDER GRANTING AS MODIFIED re 94 Supplemental Brief/Revised Schedule for Resolution of Privilege and Work Product Issues filed by Cave Consulting Group, Inc. Motion Hearing set for 7/8/2016 at 09:30 AM in Courtroom G, 15th Floor, San Franc isco before Chief Magistrate Judge Joseph C. Spero. Motion Hearing set for 9/2/2016 09:30 AM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C Spero on 6/10/16. (klhS, COURT STAFF) (Filed on 6/10/2016)

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Holly A. House (SB# 136045)
[e-mail]
Sophie J. Sung (SB# 279056)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105-3441
Telephone: [phone]
Facsimile: [phone]

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Richard L. Brophy (pro hac vice)
[e-mail]
David W. Harlan (pro hac vice)
[e-mail]
Charles W. Steese (pro hac vice)
[e-mail]
Mark A. Thomas (pro hac vice)
[e-mail]
Zachary C. Howenstine (pro hac vice)
[e-mail]
ARMSTRONG TEASDALE LLP
7700 Forsyth Blvd. Suite 1800
St. Louis, MO 63105
Telephone: [phone]
Facsimile: [phone]

DORSEY & WHITNEY LLP
Patricia A. Welch (Cal. Bar No. 127889)
305 Lytton Avenue
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
DORSEY & WHITNEY LLP
Peter Lancaster (pro hac vice)
Email: [e-mail]
J. Thomas Vitt (pro hac vice)
Email: [e-mail]
Shannon L. Bjorklund (pro hac vice)
Email: [e-mail]
Forrest K. Tahdooahnippah
(pro hac vice)
Email: [e-mail]
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
CAVE CONSULTING GROUP, INC.

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Attorneys for Defendant
OPTUMINSIGHT, INC.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CAVE CONSULTING GROUP, INC.,

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Plaintiff,

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REVISED JOINT PROPOSED
SCHEDULE FOR RESOLUTION OF
PRIVILEGE AND WORK PRODUCT
ISSUES

vs.

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Case No. 3:15-cv-03424-JCS

OPTUMINSIGHT, INC,
Judge: Hon. Joseph C. Spero

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Defendant.

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The parties to this action jointly submit this REVISED JOINT PROPOSED SCHEDULE

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FOR THE RESOLUTION OF PRIVILEGE AND WORK PRODUCT ISSUES. This document

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supplements the Joint Proposed Schedule for Resolution of Privilege and Work Product Issues

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filed April 8, 2016 (ECF No. 81).
-1REVISED JOINT PROPOSED SCHEDULE

CASE NO. 3:15-CV-03424-JCS

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In the initial Joint Proposed Schedule, the parties submitted competing schedules for

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document production and resolution of privilege and work product issues. Counsel for the parties

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have conferred, and have agreed to a modified schedule described below:

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On or before April 29, 2016:

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Any party seeking production of information
claimed to be Privileged shall identify (a) the
categories of documents sought and (b) the
scope of any Privilege log it seeks.
-

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COMPLETED

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On or before May 13, 2016:

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The recipient of the April 29 submission shall
provide notice of areas of agreement or
disagreement as to such submission.
-

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COMPLETED

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On or before June 15, 2016:

The parties shall submit a joint disclosure that
identifies any areas of final disagreement
regarding the topics and materials sought to
be produced and logged, and a brief statement
of each party’s position supported by relevant
authority.

July 8, 2016:
(date of next case status conference)

Court hears argument and resolves areas of
disagreement regarding scope of materials for
which privilege logs must be produced

On or before July 15, 2016:

The parties shall complete production and
logging of all information as agreed by the
parties and ordered by the Court.

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OptumInsight reserves the right to request an
extension to this deadline for the review,
production and privilege logs for (1)
documents from one prior law firm from
which OptumInsight has not yet received any
documents, despite ongoing efforts to collect
those documents; and (2) any broader scope
of documents the Court orders OptumInsight
to review, log and produce at or after the July
8, 2016 status conference. CCGroup reserves
the right to oppose any request for extension
of the deadline.

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-2REVISED JOINT PROPOSED SCHEDULE

CASE NO. 3:15-CV-03424-JCS

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On or before July 22, 2016:

If necessary, the parties shall meet and confer
in person regarding any unresolved issues
concerning the other’s production and/or
privilege logs.

No later than July 29, 2016:

Either party seeking production of
information withheld on grounds of privilege
or work product shall file a motion to compel.

No later than August 12, 2016, but no later
than two weeks after the moving brief has
been filed:

Any Response in opposition to motion to
compel is due.

No later than August 18, 2016:

Any Reply in support of motion to compel is
due.

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September 1, 2016

at 9:30 AM

Proposed date of hearing for argument on
motions to compel

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September 30, 2016

Mediation

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Dated: June 9, 2016

/s/ Zachary C. Howenstine
Zachary C. Howenstine
Counsel for Cave Consulting Group, Inc.

Dated: June 9, 2016

/s/ Shannon L. Bjorklund (w/ permission)
Shannon L. Bjorklund
Counsel for OptumInsight, Inc.

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Dated: 6/10/16

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-3REVISED JOINT PROPOSED SCHEDULE

CASE NO. 3:15-CV-03424-JCS

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CIVIL L.R. 5-1(i)(3) CERTIFICATION
The undersigned filer of this document hereby certifies that concurrence in the filing of
this document has been obtained from the other signatory.

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/s/ Zachary C. Howenstine

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-4REVISED JOINT PROPOSED SCHEDULE

CASE NO. 3:15-CV-03424-JCS