Century Aluminum Company et al v. AGCS Marine Insurance Co.
Filing
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ORDER re 210 , 214 , 215 Supplemental Depositions and Further Discovery Responses. Signed by Judge Nathanael M. Cousins on 08/30/2012. (nclc2, COURT STAFF) (Filed on 8/30/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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Case No. 11-cv-02514 YGR (NC)
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CENTURY ALUMINUM COMPANY, et al.,
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Plaintiffs,
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v.
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ORDER RE: SUPPLEMENTAL
DEPOSITIONS AND FURTHER
DISCOVER RESPONSES
Re: Dkt. Nos. 210, 214, 215
AGCS MARINE INSURANCE CO.,
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Defendant.
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This order addresses Century’s request for further depositions of previously
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deposed AGCS witnesses, and Century’s request for further production of documents
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based on AGCS’ allegedly deceptive redaction practices.
At the August 22, 2012 discovery hearing the Court took Century’s request for
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further deposition of Inouye under submission and ordered Century to provide selected
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Inouye documents for the Court’s in camera review by August 24. Dkt. No. 207. The
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Court allowed AGCS to file an opposition to Century’s request by August 29. Id. The
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Court is in receipt of the Inouye documents and AGCS’ opposition letter. Dkt. Nos. 214,
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215.
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Having reviewed the selected Inouye documents and the parties’ accompanying
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letters, the Court GRANTS Century’s request to take the further depositions of Inouye
DISCOVERY ORDER
Case No. 11-cv-02514 YGR (NC)
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and David Cole, Western Region Cargo Practice Leader for AGCS. The depositions are
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to occur within the next 30 days and are limited to two hours each. The Court further
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orders AGCS to pay Century’s costs and reasonable attorneys’ fees incurred for these
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further depositions. The basis for this fee-shifting is that the repeat depositions are
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necessitated by AGCS’ late disclosure of document that were previously withheld as
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privileged. Fed. R. Civ. P. 37(a)(5); Fid. Nat’l Fin., Inc. v. Hyman, 396 Fed. Appx. 472,
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473 (9th Cir. 2010).
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As for Century’s claims regarding AGCS’ improper privilege assertions and
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redactions, the Court orders AGCS to lodge for the Court’s in camera review all redacted
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documents from Century’s “Hot Documents Submission” no later than noon on
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September 4.
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The Court will hold a discovery status hearing at 10:00 a.m. on September 5 to
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discuss the further depositions of Inouye and Cole; defendant’s privilege assertions and
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redactions; and defendant’s motion to clarify this Court’s August 23 order regarding the
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further production of documents and interrogatories, Dkt. No. 210.
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IT IS SO ORDERED.
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DATED: August 30, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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DISCOVERY ORDER
Case No. 11-cv-02514 YGR (NC)
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