Planet Aid, Inc. et al v. Reveal, Center for Investigative Reporting et al

Filing 241

Discovery Order. Signed by Magistrate Judge Jacqueline Scott Corley on 10/28/2019. Discovery Hearing set for 11/21/2019 at 9:00 a.m. in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 10/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PLANET AID, INC., et al.,
Plaintiffs,

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DISCOVERY ORDER

v.

Re: Dkt. Nos. 235, 236, 237, 238, 239

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REVEAL, CENTER FOR
INVESTIGATIVE REPORTING, et al.,

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United States District Court
Northern District of California

Case No. 17-cv-03695-MMC (JSC)

Defendants.

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The Court is in receipt of two joint discovery letters with exhibits (Dkt. Nos. 235 & 237)
and several separate letters regarding Plaintiffs’ request for a protective order (Dkt. No. 236, 238,
239). Upon review of the submissions, the Court orders the parties to appear in person at 9:00
a.m. on Thursday, November 21, 2019. The parties must be represented by counsel with
authority to (1) agree to deposition dates, (2) agree to stipulations, and (3) agree to written
discovery with deadlines. At that hearing the Court intends to order the parties to immediately
meet and confer in person on all of their discovery disputes. Once they have done so, the Court
will reconvene the hearing to place any agreements on the record and to hear argument on any
remaining disputes. In advance of the hearing, the Court directs as follows:
1. On or before November 5, 2019, Defendants shall provide Plaintiffs with the dates on
which Mr. Smith and Ms. Walters are available for deposition this year. Plaintiffs may
confirm those dates prior to the November 21, 2019 hearing.
2. Plaintiffs state in the letter briefs that it is alleging that Defendants’ statements
regarding theft and misuse of USDA donor funds are false and that Plaintiffs are not
pursuing any other theft or misuse statements regarding other donor funds. Plaintiffs
explain that the FAC references other donor programs such as UNICEF solely for the

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purpose of showing that these other programs withdrew support to Plaintiffs because of

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Defendants’ allegedly defamatory statements about Plaintiffs theft or misuse of USDA

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funds. Plaintiffs have also confirmed that they are not seeking any damages on behalf

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of DAPP Malawi, a non-party. On or before November 5, 2019, Plaintiffs shall

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provide Defendants with a stipulation that reflects Plaintiffs’ representations. If

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Defendants contend that they need additional clarification, they shall provide Plaintiffs

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with an amended proposed stipulation along with an explanation of the amendments on

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or before November 12, 2019.

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3. If Plaintiffs contend that they need more discovery to respond to Defendants’ antiSLAPP motion than Defendants have already produced (other than the identified

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United States District Court
Northern District of California

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depositions), by November 5, 2019 Plaintiffs must identify to Defendants the

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additional discovery with specificity and the reasons they need the discovery.

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4. On or before November 12, 2019, Defendants shall respond in detail to Plaintiffs’

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request, if any, for more discovery.
5. Judge Chesney, not this Court, must rule on whether Plaintiffs are limited public

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figures. If Defendants wish to forestall discovery until such ruling has been made, they

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must seek such relief from Judge Chesney. Unless and until such ruling is made, this

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Court will not delay discovery in the absence of agreement among the parties.

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6. On or before November 5, 2019, Defendants shall provide Plaintiffs with a letter that

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specifies in detail what discovery it asserts it needs in connection with the anti-SLAPP

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motion. The requests shall be specific and realistic.

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7. On or before November 12, 2019, Plaintiffs shall provide Defendants with a letter that

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identifies with specificity what discovery it is willing to produce in connection with the

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anti-SLAPP motion and when such discovery can be produced.

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8. On or before November 19, 2019, each side may submit a letter brief to the Court, not

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to exceed 10 pages, on any dispute that remains following the exchange of letters on

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Defendants’ requested discovery.

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9. On or before November 19, 2019, Plaintiffs shall file a declaration on the public
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docket that attaches: (1) the proposed stipulation that Plaintiffs submitted to

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Defendants regarding the scope of their claims, (2) the statement of additional

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discovery, if any, Plaintiffs contend that they still need from Defendants to respond to

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the anti-SLAPP motion, and (3) the letter to Defendants identifying the discovery

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Plaintiffs agree to produce to Defendants.

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10. On or before November 19, 2019, Defendants shall file a declaration on the public

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docket that attaches: (1) the available deposition dates for Mr. Smith and Ms. Walters,

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(2) Defendants’ response to Plaintiffs’ request (if any) for more anti-SLAPP motion

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discovery, (3) Defendants’ letter to Plaintiffs regarding the discovery it contends it
needs in connection with the anti-SLAPP motion, (4) Defendants’ proposed amended

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United States District Court
Northern District of California

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stipulation, if any.

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IT IS SO ORDERED.
Dated: October 28, 2019

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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