Century Aluminum Company et al v. AGCS Marine Insurance Co.

Filing 216

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 Case No. 11-cv-02514 YGR (NC) 10 CENTURY ALUMINUM COMPANY, et al., 11 Plaintiffs, 12 v. 13 14 ORDER RE: SUPPLEMENTAL DEPOSITIONS AND FURTHER DISCOVER RESPONSES Re: Dkt. Nos. 210, 214, 215 AGCS MARINE INSURANCE CO., 15 Defendant. 16 17 This order addresses Century’s request for further depositions of previously 18 19 deposed AGCS witnesses, and Century’s request for further production of documents 20 based on AGCS’ allegedly deceptive redaction practices. At the August 22, 2012 discovery hearing the Court took Century’s request for 21 22 further deposition of Inouye under submission and ordered Century to provide selected 23 Inouye documents for the Court’s in camera review by August 24. Dkt. No. 207. The 24 Court allowed AGCS to file an opposition to Century’s request by August 29. Id. The 25 Court is in receipt of the Inouye documents and AGCS’ opposition letter. Dkt. Nos. 214, 26 215. 27 Having reviewed the selected Inouye documents and the parties’ accompanying 28 letters, the Court GRANTS Century’s request to take the further depositions of Inouye DISCOVERY ORDER Case No. 11-cv-02514 YGR (NC) 1 and David Cole, Western Region Cargo Practice Leader for AGCS. The depositions are 2 to occur within the next 30 days and are limited to two hours each. The Court further 3 orders AGCS to pay Century’s costs and reasonable attorneys’ fees incurred for these 4 further depositions. The basis for this fee-shifting is that the repeat depositions are 5 necessitated by AGCS’ late disclosure of document that were previously withheld as 6 privileged. Fed. R. Civ. P. 37(a)(5); Fid. Nat’l Fin., Inc. v. Hyman, 396 Fed. Appx. 472, 7 473 (9th Cir. 2010). 8 As for Century’s claims regarding AGCS’ improper privilege assertions and 9 redactions, the Court orders AGCS to lodge for the Court’s in camera review all redacted 10 documents from Century’s “Hot Documents Submission” no later than noon on 11 September 4. 12 The Court will hold a discovery status hearing at 10:00 a.m. on September 5 to 13 discuss the further depositions of Inouye and Cole; defendant’s privilege assertions and 14 redactions; and defendant’s motion to clarify this Court’s August 23 order regarding the 15 further production of documents and interrogatories, Dkt. No. 210. 16 IT IS SO ORDERED. 17 18 DATED: August 30, 2012 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 DISCOVERY ORDER Case No. 11-cv-02514 YGR (NC) 2

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