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