Maxine Derry et al v. Jackson National Life Insurance Company

Filing 113

DISCOVERY ORDER re 112 Letter Brief filed by Maxine Derry, Russell Hemen. Signed by Judge Maria-Elena James on 11/19/2012. (cdnS, COURT STAFF) (Filed on 11/19/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MAXINE DERRY, et al., 9 Plaintiffs, No. C 12-1380 CW (MEJ) DISCOVERY ORDER v. Re: Docket No. 112 10 JACKSON NATIONAL LIFE INS. CO., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant. _____________________________________/ 13 Pending before the Court is the parties’ Joint Letter Brief Regarding Discovery Dispute, filed 14 November 13, 2012. Dkt. No. 112. In the letter, Plaintiffs request an order compelling Defendant to 15 answer Interrogatory No. 2, which asks Defendant to identify all policyholders who incurred a 16 surrender charge during the relevant period, and Document Request No. 2, which seeks the same 17 information. Because the Court finds the requested discovery will likely provide Plaintiffs an 18 opportunity to present evidence as to whether a class action is maintainable, the Court GRANTS 19 Plaintiffs’ request for Defendant to identify all policyholders who incurred a surrender charge during 20 the relevant period. See, e.g., Algee v. Nordstrom, Inc., 2012 WL 1575314, at 4-5 (N.D. Cal. May 3, 21 2012). However, Defendant need only respond to Interrogatory No. 2; Plaintiffs’ document request 22 is unnecessarily burdensome at this stage of the litigation. The parties shall meet and confer to craft 23 a protective order that limits the use of any contact information to the parties in this litigation and 24 protects it from disclosure. The discovery is to be produced to Plaintiffs’ counsel only and to be 25 used only in this litigation. Under these circumstances, the potential privacy interests of putative 26 class members are adequately balanced. 27 28 If Defendant contends that production shall be overly burdensome given the estimated number of putative class members, the parties shall meet and confer in person for the purpose of 1 determining a reasonable sampling limitation on the number of policyholders disclosed. If unable to 2 agree on a reasonable limitation, the parties shall file a joint letter, in compliance with the 3 undersigned's discovery standing order and limited solely to the issue of the number of policyholders 4 disclosed. 5 IT IS SO ORDERED 6 7 Dated: November 19, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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