Evellard v. LendingClub Corporation et al

Filing 218

ORDER RE DISCOVERY DISPUTE re (217 in 3:16-cv-02627-WHA) Letter, filed by Water and Power Employees' Retirement, Disability and Death Plan of the City of Los Angeles. Signed by Judge Alsup on 9/8/2017. (whalc1, COURT STAFF) (Filed on 9/8/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 In re LENDINGCLUB SECURITIES LITIGATION 12 / (Consolidated) 13 14 15 No. C 16-02627 WHA No. C 16-02670 WHA No. C 16-03072 WHA This Document Relates to: ORDER RE DISCOVERY DISPUTE ALL ACTIONS. 16 / 17 On September 7, lead plaintiff Water and Power Employees’ Retirement, Disability and 18 Death Plan of the City of Los Angeles filed a discovery dispute letter. In short, lead plaintiff 19 objects that defendant Lending Club Corporation and director defendants “are raising broad 20 reliance-on-counsel defenses . . . while withholding all or portions of nearly 5,000 relevant 21 documents,” many of which are withheld on the grounds of attorney-client privilege or work 22 product protection (Dkt. No. 217 at 1). To the extent defendants rely upon counsel’s advice as a 23 defense, lead plaintiffs argue, they may not shield these communications from discovery as such 24 reliance waives attorney-client privilege. Lead plaintiff requests that defendants either “(1) 25 produce all documents that they have withheld or redacted; or (2) abandon their ‘good faith’ 26 and ‘reliance on professionals’ defenses” (id. at 3). 27 28 In attached correspondence, defense counsel notified lead plaintiff that “the defense at issue is reliance on professionals, which includes professionals other than counsel” and that defendants will “clarify whether (and if so, to what extent) any [defendants] will rely on any 1 advice of counsel as an element of [their] defense” (Dkt. No. 217-2 at 1). It went on to state 2 that if defendants “intend to rely on advice of counsel, [they] will produce the appropriate 3 documents and confer with [lead plaintiff] on the scope of that production” (Ibid.). 4 To the extent defendants rely upon the advice of counsel at trial or on summary 5 judgment, they must produce the relevant communications upon which they rely. Any waiver 6 of attorney-client privilege in this case must be made by SEPTEMBER 29 AT NOON in writing, 7 and all documents to be relied upon by the waiving party must be produced by that date along 8 with any other documents (whether or not previously requested) that, but for the waiver, would 9 have been privileged. Selective waiver will not be allowed. Any waiver will extend to the full scope of the subject matter of the waiver. 11 For the Northern District of California United States District Court 10 12 13 IT IS SO ORDERED. 14 15 16 Dated: September 8, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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