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)

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Case 3:21-cv-03269-VC Document 241 Filed 11/21/22 Page 1 of 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MISTY SNOW, et al., Plaintiffs, 5 6 7 8 Case No. 21-cv-03269-VC (TSH) DISCOVERY ORDER; REPORT AND RECOMMENDATION v. ALIGN TECHNOLOGY, INC., Re: Dkt. No. 237 Defendant. 9 United States District Court Northern District of California 10 The Court appreciates the parties’ briefing concerning their dispute about whether Align 11 should run the Snow TAR protocol (or some revised version of it) against the July 15th Search 12 Term Set. ECF No. 237. The Court agrees with Align that there is no problem to be solved. The 13 Court’s July 1, 2022 discovery order changed the search terms against which a different TAR 14 protocol was run. There is no logical reason to run the Snow TAR protocol or some revised 15 version of it against those expanded search terms. That is mixing apples and oranges and would 16 result in a duplicative search for documents that are specifically relevant to the Snow case. 17 Plaintiffs try to frame the issue as a need to come up with a reliable TAR mechanism, and they 18 propose that the Court appoint a special master to aid with that task. However, the Court agrees 19 with Align that the debate over the reliability of applying the Snow TAR protocol to the July 15th 20 Search Term Set obscures the more fundamental point that there is no logical reason to undertake 21 that effort at all. Accordingly, Plaintiffs’ motion to compel is DENIED, and the undersigned 22 RECOMMENDS that the District Judge not appoint a special master, as doing so would be a 23 pointless waste of time and money. 24 IT IS SO ORDERED AND RECOMMENDED. 25 26 Dated: November 21, 2022 27 28 THOMAS S. HIXSON United States Magistrate Judge

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