Slovin v. Sunrun, Inc. et al

Filing 135

ORDER RE: DISCOVERY DISPUTES ( 112 , 117 , 125 , 129 ). Signed by Magistrate Judge Jacqueline Scott Corley on 9/15/2017. (ahm, COURT STAFF) (Filed on 9/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNN SLOVIN, ET AL.,
Plaintiffs,

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SUNRUN, INC., et al.,

Dkt. Nos. 112, 117, 122, 125, 129

Defendants.

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United States District Court
Northern District of California

ORDER RE: DISCOVERY DISPUTES

v.

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Case No.15-cv-05340-YGR (JSC)

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Several discovery disputes came before the Court for hearing on September 14, 2017.

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(Dkt. Nos. 112, 117, 122, 125, 129.) This Order confirms the rulings as stated on the record.

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1. Defendants’ Motion to Compel (Dkt. Nos. 115 & 122)

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Plaintiffs shall produce the call log maintained by Plaintiff Katz. Plaintiffs may redact

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information from this call log which they do not intend to rely on in connection with their class

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certification motion and is protected by attorney work product. Plaintiffs shall provide the same

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type of call log data for the other named Plaintiffs identifying the date, number, and source (where

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known) of calls received by the named Plaintiffs, to the extent such information has not already

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clearly been produced.
Plaintiff Katz shall sit for a further deposition in Boston following production of his call

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log.
Plaintiffs shall provide copies of demand letters from the named Plaintiffs to any entity

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from July 2015 through August 2017. Plaintiffs shall also provide a list of the settlements to

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which any of the named Plaintiff has been a party. Defendants shall review the list and meet and

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confer with Plaintiffs regarding any follow-up inquiries.

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Finally, Plaintiffs shall provide information regarding whether they have ever provided

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their name or any other contact information to an entity to obtain information regarding solar

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products.

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2. Plaintiffs’ Motion to Compel re: Document Requests (Dkt. Nos. 117, 125 & 126)

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Defendants will produce all outstanding written discovery by September 29, 2017 other

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than discovery responsive to the search terms about which the parties are now meeting and

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conferring. Defendants shall also confirm that they have searched email for call ID numbers.

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3. Plaintiffs’ Motion to Compel re: Skype Records (Dkt. No. 129)

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Counsel for all the parties shall jointly contact Skype’s legal department and attempt to

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obtain the at-issue Skype records.
To the extent that Plaintiffs contend that there are emails on Defendants’ privilege log

United States District Court
Northern District of California

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which may shed light on the question of whether Plaintiff Price received any calls from Defendant

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Clean Energy Experts, LLC, they shall identify them to Defendants in a letter by the close of

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business, September 18. Defendants shall then submit these documents to the Court for in camera

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review by September 21.

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4. Plaintiffs’ Expert

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At the hearing, Defendants raised an issue regarding the data and analyses underlying

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Plaintiffs’ expert’s report. Plaintiffs’ expert and Defendants’ expert shall jointly discuss the issues

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during a call by the close of business September 15, 2017. Counsel may be present on the call.

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This Order disposes of Docket Nos. 112, 117, 122, 125, 129.

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IT IS SO ORDERED.

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Dated: September 15, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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