Snow v. Align Technology, Inc.

Filing 241

Discovery Order; Report and Recommendation re 237 Joint Discovery Letter Brief. Signed by Judge Thomas S. Hixson on November 21, 2022. (tshlc2, COURT STAFF) (Filed on 11/21/2022)

Case 3:21-cv-03269-VC Document 241 Filed 11/21/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MISTY SNOW, et al.,
Plaintiffs,

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Case No. 21-cv-03269-VC (TSH)
DISCOVERY ORDER; REPORT AND
RECOMMENDATION

v.
ALIGN TECHNOLOGY, INC.,

Re: Dkt. No. 237

Defendant.

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United States District Court
Northern District of California

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The Court appreciates the parties’ briefing concerning their dispute about whether Align

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should run the Snow TAR protocol (or some revised version of it) against the July 15th Search

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Term Set. ECF No. 237. The Court agrees with Align that there is no problem to be solved. The

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Court’s July 1, 2022 discovery order changed the search terms against which a different TAR

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protocol was run. There is no logical reason to run the Snow TAR protocol or some revised

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version of it against those expanded search terms. That is mixing apples and oranges and would

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result in a duplicative search for documents that are specifically relevant to the Snow case.

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Plaintiffs try to frame the issue as a need to come up with a reliable TAR mechanism, and they

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propose that the Court appoint a special master to aid with that task. However, the Court agrees

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with Align that the debate over the reliability of applying the Snow TAR protocol to the July 15th

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Search Term Set obscures the more fundamental point that there is no logical reason to undertake

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that effort at all. Accordingly, Plaintiffs’ motion to compel is DENIED, and the undersigned

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RECOMMENDS that the District Judge not appoint a special master, as doing so would be a

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pointless waste of time and money.

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IT IS SO ORDERED AND RECOMMENDED.

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Dated: November 21, 2022

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THOMAS S. HIXSON
United States Magistrate Judge