Quality Investment Properties Santa Clara, LLC v. Serrano Electric, Inc. et al

Filing 265

ORDER DENYING SERRANO ELECTRIC,INC'S FURTHER MOTION TO COMPEL. Signed by Judge Paul S. Grewal on September 2, 2011. Re Docket No. 255.(psglc1, COURT STAFF) (Filed on 9/2/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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QUALITY INVESTMENT PROPERTIES )
SANTA CLARA, LLC,
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Plaintiff,
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v.
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SERRANO ELECTRIC, INC., ET AL.,
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Defendant.
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___________________________________ )

Case No.: C 09-5376 PSG
ORDER DENYING SERRANO
ELECTRIC, INC.’S FURTHER
MOTION TO COMPEL
(Re: Docket No. 255)

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Defendant Serrano Electric, Inc. (“Serrano”) moves to further compel Plaintiff Quality
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Investment Properties Santa Clara, LLC (“Quality”) to produce responsive documents. Quality
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opposes the motion. On September 2, 2011, the parties appeared for hearing. Having reviewed the
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papers and considered the arguments of counsel,
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IT IS HEREBY ORDERED that Serrano’s motion to further compel is DENIED.
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In an August 2 order,1 the undersigned ordered Quality to produce documents responsive to

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document request no. 18 no later than August 26, 2011. The request sought all customer complaints
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submitted to Quality from November 1, 2007 to June 1, 2009. On or before August 26, Quality
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produced text-searchable Excel spreadsheets consisting of 21,015 entries.
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Based on perceived deficiencies in Quality’s production responsive to document request no.
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See Docket No. 139.
ORDER, page 1

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18, Serrano requested, and the court granted, a hearing on shortened time. Serrano complains that

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Quality’s production is over-inclusive because it includes such entries as frivolous as password re-

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sets and requests to move equipment.

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Quality responds that its production reflects the documents as they are kept in the regular
course of business.

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At the hearing on the original motion, Quality argued that Serrano sought irrelevant

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information. It stated that the scope of the request would encompass minor administrative or

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operational issues that are not customer problems or complaints. Notwithstanding these concerns,

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Serrano sought, and the court ordered Quality to produce documents responsive to the document

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request.

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The court finds that Quality has produced responsive documents as they are kept in the

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regular course of business and as it was ordered to do by the court. Serrano cannot now reasonably

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complain that the production is over-inclusive.

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IT IS SO ORDERED.
Dated:

September 2, 2011

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PAUL S. GREWAL
United States Magistrate Judge

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ORDER, page 2