Baptiste v. LIDS et al

Filing 60

Discovery Order Re Return of Email Messages Produced by OSH 54 58 . Signed by Judge Maria-Elena James on 10/29/2013. (mejlc2, COURT STAFF) (Filed on 10/29/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 CHRISTIAN RUIZ BAPTISTE, Plaintiff, 8 v. No. C 12-05209 PJH (MEJ) DISCOVERY ORDER RE EMAILS PRODUCED BY OSH 9 LIDS; HAT WORLD INC, [Dkt. Nos. 54, 58] 10 Defendants, et al., _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On October 28, 2013, Defendant Michael Somoon filed a letter regarding the three emails 14 produced by Orchard Supply Hardware. Dkt. No. 54. Specifically, Defendant argues that pursuant to 15 the Court’s October 18, 2013 Discovery Order, Plaintiff must return the documents. In a separate 16 letter, filed the same day, Plaintiff maintains that because “the documents constitute discriminatory 17 animus toward’s Plaintiff’s protected class,” he should not be required to return the emails. Dkt. No. 18 58. To resolve this dispute, Defendant requested that the Court conduct an in-camera review of the 19 emails at issue, and Plaintiff subsequently filed the emails as attachments to his letter. After 20 reviewing the emails and considering the parties’ arguments, the Court finds that Plaintiff may retain 21 the emails, as they fall within the bounds of discoverable evidence under Federal Rule of Evidence 22 401. Defendant may challenge the admissibility of such evidence and whether the emails support 23 Plaintiff’s claim of discrimination by objection or in its argument on summary judgment before the 24 presiding judge. 25 IT IS SO ORDERED. 26 27 Dated: October 29, 2013 28 _______________________________ Maria-Elena James United States Magistrate Judge

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