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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 STEVEN MCARDLE, 9 Plaintiff, 10 United States District Court Northern District of California 11 Case No. 09-cv-01117-CW (TSH) DISCOVERY ORDER v. Re: Dkt. No. 367 AT&T MOBILITY LLC, et al., Defendants. 12 13 14 The Court held a telephonic hearing this morning concerning the parties’ joint discovery 15 letter brief at ECF No. 367. Judge Wilken’s minute order provides that fact discovery closes four 16 months after the rulings from the Ninth Circuit. ECF No. 358. The Court explained that this 17 means four months after the mandate issues from the Ninth Circuit. At the hearing, AT&T stated 18 it would answer interrogatories 10-13 within 30 days. In the letter brief, AT&T stated it would 19 produce documents in response to the requests for production (“RFPs”) other than 69-71 and 81. 20 The discussion at the hearing therefore focused mostly on these RFPs. For the reasons discussed 21 on the record, the Court ORDERS as follows: 22 1. AT&T shall produce anonymized records showing all California customers who 23 were charged for one-minute incoming or outgoing international roaming calls during the class 24 period, the date of each call, and the amount charged for each call, except for customers who 25 received refunds or credits that offset these charges. AT&T shall start this production within 30 26 days and finish it within 75 days. If the mandate issues soon, the Court may need to revisit the 27 timing of this production. 28 2. Plaintiff’s motion to compel as to RFP 81 is DENIED because it exceeds the scope 1 of discovery that Judge Wilken authorized while the Ninth Circuit rulings are pending (see ECF 2 No. 358). 3 IT IS SO ORDERED. 4 5 Dated: September 26, 2019 6 THOMAS S. HIXSON United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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