Ashker et al v. Schwarzenegger et al

Filing 1716

ORDER REQUIRING DEFENDANTS TO PRODUCE DOCUMENTS. Signed by Judge Claudia Wilken on 10/17/2022. (kc, COURT STAFF) (Filed on 10/17/2022)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TODD ASHKER, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 09-cv-05796 CW
ORDER REQUIRING
DEFENDANTS TO PRODUCE
DOCUMENTS
(Re: Dkt. No. 1698-2)

GAVIN NEWSOM, et al.,

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Defendants.

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Now before the Court is Plaintiffs’ motion for de novo review of the magistrate judge’s

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denial of three separate motions relating to Defendants’ alleged retaliation against a class member.

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See Docket No. 1698-2. One of those motions was brought before the magistrate judge in the

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form of a letter brief in which Plaintiffs requested an order requiring Defendants to continue to

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produce certain documents pursuant to an order issued by this Court, see Docket No. 1118 at 10.

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The magistrate judge denied Plaintiffs’ request, see Docket No. 1695 at 2-3, and Plaintiffs now

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seek de novo review of that ruling on the ground that the documents at issue continue to be

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relevant to the alleged retaliation against the class member, Docket No. 1698-2 at 4 n.6.

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Paragraph 39 of the Settlement Agreement (SA) provides, “Any disputes regarding data

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and document production shall be submitted to [the magistrate judge] in accordance with the

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dispute resolution and enforcement procedures set forth in Paragraphs 52 and 53 below.” See SA

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¶ 39, Docket No. 424-2. Rulings issued by the magistrate judge under Paragraph 53 of the

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Settlement Agreement are subject to de novo review by this Court under 28 U.S.C. § 636(b)(1)(B).

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See id. ¶ 53.

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The Court agrees with Plaintiffs that the documents at issue are relevant to the resolution
of pending motions relating to Defendants’ alleged retaliation against a class member. Defendants

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shall continue to produce documents pursuant to this Court’s order, Docket No. 1118 at 10, until

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relieved of that obligation upon a request to this Court.

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Within seven days of the date this order is filed, Defendants shall produce to Plaintiffs the

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documents that Plaintiffs requested in the letter brief, as well as any additional responsive

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documents that may have been created since the parties filed that letter brief.

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IT IS SO ORDERED.

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Dated: October 17, 2022
CLAUDIA WILKEN
United States District Judge

United States District Court
Northern District of California

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