Rodriguez et al v. Google LLC et al

Filing 184

ORDER by Magistrate Judge Alex G. Tse granting in part and denying in part #154 Administrative Motion to File Under Seal; granting #155 Discovery Letter Brief; denying #162 Administrative Motion to File Under Seal. (agtlc1, COURT STAFF) (Filed on 12/1/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANIBAL RODRIGUEZ, et al.,
Plaintiffs,

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Case No. 20-cv-04688-RS (AGT)
DISCOVERY ORDER RE: ESI
CUSTODIANS

v.
GOOGLE LLC,

Re: Dkt. Nos. 154, 155, 162

Defendant.
The plaintiffs have adequately explained why the nineteen Google employees they seek to

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United States District Court
Northern District of California

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add as custodians have ESI relevant to this case. See Dkt. 163. Google, meanwhile, hasn’t con-

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vinced the Court that the burden or expense of adding these custodians outweighs the likely benefit.

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Having reached these conclusions, the Court orders Google to designate the nineteen employees in

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question as ESI custodians. At this juncture, the Court wasn’t asked to evaluate the scope of any

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particular ESI search, and so doesn’t do so.

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The motion to seal portions of the plaintiffs’ supplemental letter brief (Dkt. 162) is denied.

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Google, the designating party, hasn’t convinced the Court that “specific prejudice or harm will re-

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sult” if the confidential information appearing in the letter brief is publicly disclosed. Phillips ex

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rel. Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002).

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The motion to seal portions of the parties’ joint letter brief (Dkt. 154) is granted in part. The

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redacted text on page one, paragraph six, line eleven may remain under seal. With this exception,

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a showing of “specific prejudice or harm” hasn’t been made. Phillips, 307 F.3d at 1210–11.

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By December 8, 2021, the parties must (i) meet and confer about the details of collecting,

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reviewing, and producing ESI from the new custodians, and (ii) file versions of their letter briefs

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that comply with the Court’s rulings on the motions to seal.

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IT IS SO ORDERED.
Dated: December 1, 2021

__________________________
ALEX G. TSE
United States Magistrate Judge