Berman v. Freedom Financial Network, LLC et al

Filing 137

ORDER by Judge Jacqueline Scott Corley granting in part and denying in part 136 Discovery Letter Brief. (jsclc2, COURT STAFF) (Filed on 2/6/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL BERMAN,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-01060-YGR (JSC)
ORDER RE: DISCOVERY DISPUTE

v.

Re: Dkt. No. 136
FREEDOM FINANCIAL NETWORK,
LLC, et al.,
Defendants.

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Now pending before the Court is a joint letter brief regarding Defendants’ request for

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discovery from Plaintiff. After reviewing the parties’ letter brief, the Court concludes that oral

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argument is not necessary, see N.D. Cal. Civ. L.R. 7-1(b) and rules as follows:

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1. Plaintiff shall produce to Defendants each email address he used during the class

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period. The email addresses shall be treated as confidential and subject to the

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protective order, and may only be used by Defendants to determine if the email

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addresses were used to sign up on Fluent websites during the class period. The

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information sought by Defendants is relevant to Plaintiff’s adequacy as class counsel as

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well as to his claim that he did not visit Defendants’ website.

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2. Defendants’ request for Plaintiff’s cellular phone billing records and call records is

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DENIED for the most part as such records are not relevant to a claim or defense in this

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action. Defendants’ speculation that the records will reveal if someone else registered

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Plaintiff’s telephone number on their website using an email address totally

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unconnected to Plaintiff is not plausible. However, as offered by Plaintiff, Plaintiff

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shall search his phone bills for calls geolocated to Hayward, the location of the IP

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address from which the “Dunk Loca” lead was obtained and provide any matches to

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Defendants, including the date and length of the call. It goes without saying that the

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parties cannot offer into evidence on class certification, summary judgment, or trial,

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evidence which was requested by the opposing party but not produced.

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This Order disposes of Docket No. 136.

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IT IS SO ORDERED.

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Dated: February 6, 2019

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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