DNA Sports Performance Lab, Inc. et al v. Major League Baseball et al

Filing 117

ORDER RE 113 MOTION TO COMPEL PRODUCTION OF TRANSCRIPTS. SIGNED BY JUDGE ALSUP. (whalc2, COURT STAFF) (Filed on 7/14/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DNA SPORTS PERFORMANCE LAB,
INC., et al.,

No. C 20-00546 WHA

Plaintiffs,
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v.
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MAJOR LEAGUE BASEBALL, et al.,
Defendants.

ORDER RE MOTION TO COMPEL
APPELLANT TO PRODUCE
TRANSCRIPTS AND SANCTIONS

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United States District Court
Northern District of California

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Defendant-appellees move for an order compelling plaintiff-appellants to produce

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requisite transcripts of the proceedings for their appeal (Dkt. No. 113). See FRAP 10; C.R. 10-

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3.1. When ruling on a motion to compel an appellant to order transcripts, this order considers

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if the requested transcripts are necessary to the appeal or necessary for an informed analysis of

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the parties’ positions, and other, relevant externalities, such as whether the party is pro se. See

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OneWest Bank, FSB v. Farrar, 19 F. Supp. 3d 1050, 1052–53 (D. Haw. 2014); C.R. 30-1.1.

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Our court of appeals is in a better position to dictate the resolution of this procedural

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issue: it has already denied defendants’ motion to dismiss the appeal for failure to prosecute;

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there are open questions as to whether plaintiffs have representation in the appellate case (they

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remain pro se in this Court); and if this order granted defendants’ broad request for transcripts,

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plaintiffs (who have limited funds) may incur unnecessary expenses acquiring transcripts

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unnecessary for the appeal. The motion at the district court is DENIED.

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IT IS SO ORDERED.
Dated: July 14, 2021

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE