McArdle v. AT&T Mobility LLC et al

Filing 372

Discovery Order re: 367 Joint Discovery Letter Brief filed by AT&T Mobility LLC, New Cingular Wireless PCS LLC, Steven McArdle, New Cingular Wireless Services, Inc. Signed by Judge Thomas S. Hixson on 9/26/2019. (cdnS, COURT STAFF) (Filed on 9/26/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN MCARDLE,

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Plaintiff,

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United States District Court
Northern District of California

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Case No. 09-cv-01117-CW (TSH)
DISCOVERY ORDER

v.

Re: Dkt. No. 367
AT&T MOBILITY LLC, et al.,
Defendants.

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The Court held a telephonic hearing this morning concerning the parties’ joint discovery

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letter brief at ECF No. 367. Judge Wilken’s minute order provides that fact discovery closes four

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months after the rulings from the Ninth Circuit. ECF No. 358. The Court explained that this

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means four months after the mandate issues from the Ninth Circuit. At the hearing, AT&T stated

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it would answer interrogatories 10-13 within 30 days. In the letter brief, AT&T stated it would

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produce documents in response to the requests for production (“RFPs”) other than 69-71 and 81.

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The discussion at the hearing therefore focused mostly on these RFPs. For the reasons discussed

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on the record, the Court ORDERS as follows:

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1.

AT&T shall produce anonymized records showing all California customers who

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were charged for one-minute incoming or outgoing international roaming calls during the class

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period, the date of each call, and the amount charged for each call, except for customers who

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received refunds or credits that offset these charges. AT&T shall start this production within 30

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days and finish it within 75 days. If the mandate issues soon, the Court may need to revisit the

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timing of this production.

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2.

Plaintiff’s motion to compel as to RFP 81 is DENIED because it exceeds the scope

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of discovery that Judge Wilken authorized while the Ninth Circuit rulings are pending (see ECF

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No. 358).

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IT IS SO ORDERED.

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Dated: September 26, 2019

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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