Holloway et al v. Best Buy Co., Inc.

Filing 137

ORDER RE CORPORATE OFFICER DOCUMENT PRODUCTION. Signed by Judge Maria-Elena James on 12/9/2008. (mejlc1, COURT STAFF) (Filed on 12/9/2008)

Case 3:05-cv-05056-PJH

Document 136

Filed 12/08/2008

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Roman M. Silberfeld, [e-mail] (#62783) Lisa L. Heller, [e-mail] (#126086) David Martinez, [e-mail] (#193183) Benjamin M. Weiss, [e-mail] (#223163) ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 Telephone: [phone] Facsimile: [phone] George A. Stohner, [e-mail] (#214508) Paul C. Evans, [e-mail] (pro hac vice) MORGAN, LEWIS & BOCKIUS LLP 300 Grand South Avenue, Suite 2200 Los Angeles, CA 90069 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, BEST BUY STORES, L.P. (erroneously sued as BEST BUY CO., INC.) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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ATTORNEYS AT LAW

LOS ANGELES

JASMEN HOLLOWAY, AMY GARCIA, CHERYL CHAPPEL, ERIC BLACKSHER, JESSICA TREAS, LAWRENCE SANTIAGO, JR., MUEMBO MUANZA, MAURICE CALHOUN, NICHOLAS DIXON and SUSAN MYERS-SNYDER, on behalf of themselves and all others similarly situated, Plaintiffs, v. BEST BUY CO., INC., and BEST BUY STORES, L.P. Defendant.

Case No. C 05-05056 PJH (MEJ) [Hon. Phyllis J. Hamilton] STIPULATION AND [PROPOSED] ORDER REGARDING PRODUCTION OF DOCUMENTS FROM CORPORATE OFFICERS Action filed: December 8, 2005

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1.

WHEREAS, on November 18, 2008, the Court ordered Best Buy to produce "all

non-duplicative relevant documents" from the files of John Walden, Brian Dunn, Brad Anderson and Richard Schulze by December 9, 2008; 2. WHEREAS, Best Buy has represented to Plaintiffs that Best Buy immediately

thereafter began efforts to collect and image the hard drives of the named executives; 3. WHEREAS, Best Buy has represented to Plaintiffs that the holiday shopping

season is the busiest time of the year for Best Buy and Best Buy actually goes into "retail freeze" mode to devote almost 100% of its resources to supporting the retail stores; 4. WHEREAS, Best Buy has represented to Plaintiffs that the "retail freeze" will

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inevitably affect the timing of Best Buy's production; 5. WHEREAS, Best Buy has represented to Plaintiffs that Best Buy has already

ATTORNEYS AT LAW

LOS ANGELES

obtained and is in the process of imaging three out of four available hard drives; 6. WHEREAS, Best Buy has represented to Plaintiffs that Mr. Schulze's hard drive is

currently in Florida and Best Buy is making all necessary arrangements to image it; 7. WHEREAS, before Best Buy can begin producing documents, the data obtained

from the hard drives must be filtered using the agreed-upon keyword search terms pursuant to the Court's November 18 Order; 8. WHEREAS, Best Buy has represented to Plaintiffs that before Best Buy can begin

producing documents, the data obtained from the hard drives must be uploaded to its e-discovery vendor and de-duped so the parties avoid reviewing duplicate documents already produced in this case; 9. WHEREAS, before Best Buy can begin producing documents, they must be

reviewed and marked for responsiveness and privilege issues; 10. WHEREAS, Best Buy has represented to Plaintiffs that although Best Buy does

not yet know the volume of data at issue, unless it grossly exceeds expectations, Best Buy believes it can begin a rolling production and finish by January 9, 2009; /// ///
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1 2 3 4 5 6 7 THEREFORE, the parties hereby stipulate to the following: 1. Best Buy shall inform Plaintiffs as soon as possible as to the anticipated volume of

documents from the hard drives at issue; 2. 3. Best Buy shall begin a rolling production as soon as technologically possible; Best Buy shall keep Plaintiffs informed as to the status and progress of its review

and production of documents from these hard drives; 4. Best Buy shall complete the production of documents in accordance with the

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Court's November 18, 2008 Order no later than January 9, 2009. DATED: December 8, 2008 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. By: /s/ Lisa Heller Lisa Heller

ATTORNEYS AT LAW

LOS ANGELES

ATTORNEYS FOR DEFENDANTS BEST BUY CO., INC. and BEST BUY STORES, L.P. DATED: December 8, 2008 ALTSHULER BERZON, LLP

By:

/s/ Eve H. Cervantez Eve H. Cervantez

Eve H. Cervantez (SBN 164709) ALTSHULER BERZON, LLP 177 Post Street #300 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs

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[PROPOSED] ORDER Pursuant to Stipulation, it is hereby ORDERED that Best Buy shall begin a rolling production of documents falling within the scope of the Court's November 18, 2008 Order as soon as technologically possible. Best Buy shall keep Plaintiffs informed as to the volume and progress of its review and production. Best Buy shall finish its production of these documents no later than January 9, 2009. December 9, 2008 DATED: __________________________

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___________________________________ MARIA ELENA JAMES, United States Magistrate Judge

ATTORNEYS AT LAW

LOS ANGELES

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