Evellard v. LendingClub Corporation et al

Filing 262

ORDER RE DISCOVERY DISPUTES re 261 Discovery Letter Brief Discovery Hearing set for 11/21/2017 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Judge William Alsup. Motion Hearing set for 12/7/2017 08:00 AM in Courtroom 12, 19th Floor, San Francisco before Judge William Alsup.. Signed by Judge Alsup on 11/17/2017. (whalc1S, COURT STAFF) (Filed on 11/17/2017)

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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 12 In re LENDINGCLUB SECURITIES LITIGATION. / 13 14 15 No. C 16-02627 WHA No. C 16-02670 WHA No. C 16-03072 WHA (CONSOLIDATED) This Document Relates to: ORDER RE DISCOVERY DISPUTES ALL ACTIONS. / 16 17 On November 16, lead plaintiff filed a discovery dispute letter, which outlines two 18 separate discovery disputes with the underwriter defendants. The first involves issues of 19 privilege. This issue should therefore be resolved on a sworn record. Accordingly, lead plaintiff 20 shall have until MONDAY, NOVEMBER 27 to file an opening motion. Underwriter defendants 21 shall file an opposition by FRIDAY, DECEMBER 1, and lead plaintiff shall file any reply by 22 MONDAY, DECEMBER 4. The motion will be heard on THURSDAY, DECEMBER 7, AT 8:00 A.M. 23 Due to the Waymo trial, however, the hearing will likely be moved to the afternoon, so counsel 24 shall please check the calendar. 25 26 27 28 Underwriter defendants must be mindful that a privilege can be waived by asserting reliance upon the opinions sought to be withheld. With respect to the second issue regarding the scope of discovery, the Court sets a twohour meet-and-confer starting from 8:00 A.M. AND CONTINUING TO 10:00 A.M. ON TUESDAY, NOVEMBER 21 in the Court’s jury room on the nineteenth floor of the San Francisco federal 1 courthouse. At 10:00 A.M., the Court shall hear any outstanding discovery issue(s) in Courtroom 2 No. 12. Underwriter defendants’ response (related solely to the issues raised regarding the scope 3 of discovery) is due by NOON ON MONDAY, NOVEMBER 20. The Court will be unhappy if it 4 turns out counsel have not met and conferred, in person or telephonically, prior to filing this 5 dispute. 6 7 Please note that only those lawyers who personally participate in the meet-and-confer in the Court’s jury room may be heard at the hearing. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 13 Dated: November 17, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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