California Berry Cultivars, LLC v. The Regents of the University of California

Filing 153

ORDER RE MOTION TO COMPEL SUPPLEMENTAL DISCOVERY FROM CBC. Signed by Judge Vince Chhabria on 2/8/2017. (knm, COURT STAFF) (Filed on 2/8/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA BERRY CULTIVARS,
LLC,
Plaintiff,
v.
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA,

Case No. 16-cv-02477-VC
ORDER RE MOTION TO COMPEL
SUPPLEMENTAL DISCOVERY FROM
CBC
Dkt. No. 128

Defendant.
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a corporation,
Cross-Complainant,
v.
CALIFORNIA BERRY CULTIVARS,
LLC, DOUGLAS SHAW, and KIRK
LARSON,
Cross-Claim Defendants.

For the reasons discussed at the hearing on the record, the University's motions to compel
further CBC testimony and to compel supplemental production on the 2014 crosses are denied.
The University's motion to compel production of the documents that CBC continues to
withhold as privileged is denied. There is no indication from the privilege log or the hearing that
CBC is withholding documents that are not covered by the attorney-client privilege. Moreover,
if some documents on the privilege log were not covered by the attorney-client privilege, they
would likely be protected from disclosure under the common interest doctrine. Denial is without

prejudice to renewing the motion if the University learns something from the upcoming
depositions of International Semillas witnesses, and from the anticipated document production
by International Semillas, that would indicate that the documents on the privilege log are not
actually protected.
IT IS SO ORDERED.
Dated: February 8, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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