Yufa v. TSI Incorporated

Filing 143

ORDER re 141 Statement filed by Aleksandr L. Yufa; Order Denying 142 MOTION for Leave to File Response to Statement (ECF No 141) filed by TSI Incorporated. The parties are ordered to meet and confer and file a joint discovery letter no later than November 15, 2013. Signed by Judge Kandis A. Westmore on 11/1/2013. (kawlc1, COURT STAFF) (Filed on 11/1/2013)

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United States District Court
Northern District of California

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ALEKSANDR L. YUFA,
Plaintiff,

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v.
TSI INCORPORATED, et al.,

Case No.: CV 09-01315-KAW
ORDER RE: PLAINTIFF’S 10/29/13
STATEMENT & DEFENDANT’S MOTION
FOR ADMINISTRATIVE RELIEF
(Dkt. Nos. 141 & 142)

Defendants.

United States District Court
Northern District of California

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On August 14, 2013, Plaintiff Aleksandr L. Yufa filed a discovery letter brief seeking to

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compel supplemental responses to interrogatories, requests for production of documents, and

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requests for admission. (Dkt. No. 124.) Thereafter, the Court instructed Plaintiff to meet and

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confer with Defendant in an attempt to resolve any remaining discovery disputes before filing a

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joint discovery letter, as required by the Court’s Standing Order. (Dkt. No. 126.)

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On October 30, 2013, Plaintiff filed a document, dated October 29, 2013, titled

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“Aleksandr L. Yufa’s Statement RE: Court Order (Doc. 126) of August 21, 2013 regarding

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Discovery Letter (Doc. 124).” (“10/29/13 Statement”, Dkt. No. 141). Therein, Plaintiff expressed

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his frustration that Defendant was not satisfying its discovery obligations by fully responding to

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Plaintiff’s First Set of Requests for Production.

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On November 1, 2013, Defendant filed a motion for administrative relief pursuant to Civil

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L.R. 7-11, to respond to Plaintiff’s Statement. (Dkt. No. 142.) After a review of Plaintiff’s

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Statement, and for the reasons set forth below, a response is not necessary, and Defendant’s

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motion is DENIED.

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Instead, the parties are ordered to meet and confer regarding Plaintiff’s First Set of
Request for Production, and prepare and file a joint discovery letter no later than November 15,

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2013 if they are unable to resolve all matters informally. The Court will then address the joint

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letter, if filed, at the November 22, 2013 claim construction hearing.

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In an effort to provide the parties with some guidance in their meet and confer efforts,
joint discovery letters are different than stipulations. While the discovery letter is written jointly,

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it does not mean the parties are in agreement. In fact, the letter should specifically outline which

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issues are in dispute. In the case of requests for production, Plaintiff would have to first

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separately identify in writing—in the deficiency letter Defendant asked Plaintiff to provide—the

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specific, numbered requests for production that are allegedly deficient (e.g. Request No. 7), along

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with the specific types of documents (not the exact titles) believed to have been withheld from the

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production. In discovery matters the propounding party, in this case Plaintiff, bears the burden of

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United States District Court
Northern District of California

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identifying (1) which request is deficient, and (2) the perceived deficiency. The “deficiency

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letter” is the first step in the meet and confer process. Upon receipt, Defendant must respond to

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Plaintiff, and this response is usually in writing. In addition, the Court’s Standing Order requires

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that the parties meet and confer telephonically before filing a joint discovery letter. This is

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because most discovery disputes can be resolved by the parties without court intervention.

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Should the meet and confer efforts be unsuccessful, the parties must file a joint discovery

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letter with the Court, which outlines the remaining disputes and each party’s respective position.

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An example of the format for a single dispute is provided below:

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A. Request for Production No. X
[Reproduce the request.]
Dr. Yufa’s Position
[Dr. Yufa’s position outlining why TSI’s response is deficient and which types of

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documents he believes are missing.]

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TSI’s Position

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[TSI’s rationale as to why they fully responded to the request for production.]

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This format should be used for each dispute, and the parties should attach Plaintiff’s First Set of

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Requests for Production and TSI’s responses as exhibits to the joint discovery letter. No other

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documents should be attached to the letter. If the Court wants additional information or
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documents, such as the meet and confer letters, the Court will ask the parties for additional

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information by a date certain.

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In an effort to narrow the parties’ disputes, the Court briefly reviewed Plaintiff’s

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Statement. As to “Fact 5(a),” any allegedly false statements in Defendant’s discovery responses

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are not a discovery dispute, but rather an issue for trial, so this should not be included in the

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parties’ meet and confer. As to “Fact 5(b),” TSI’s refusal to sign or participate in the first joint

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stipulation is not reviewable by the Court, as joint discovery letters are not stipulations. As to

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“Fact 5(c),” the Court addressed this issue above, and Plaintiff must identify the types of

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documents, not the titles, he believes are missing from Defendant’s production. TSI is not

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United States District Court
Northern District of California

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required to provide a list of all of its documents.
Accordingly, Defendant’s motion for administrative relief is DENIED, and the Court

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orders the parties to meet and confer telephonically prior to filing a joint discovery letter. If the

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parties are unable to resolve all disputes informally, and require court intervention, the joint letter

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must be filed no later than November 15, 2013. The joint letter is limited to Plaintiff’s First Set of

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Requests for Production.

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IT IS SO ORDERED.
DATE: November 1, 2013

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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