French v. JDS Uniphase Corporation

Filing 45

ORDER (1) DIRECTING DEFENDANT TO SUBMIT DOCUMENTS FOR IN CAMERA INSPECTION AND (2) VACATING HEARING DATE FOR 34 PLAINTIFF'S MOTION TO COMPEL. See order for details. The May 24, 2011 hearing date is vacated. Signed by Magistrate Judge Howard R. Lloyd on 5/19/2011. (hrllc1, COURT STAFF) (Filed on 5/19/2011)

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** E-filed May 19, 2011 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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JOHN FRENCH,
Plaintiff,

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v.

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JDS UNIPHASE CORPORATION,

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Defendant.
____________________________________/

No. C10-03645 JF (HRL)
ORDER (1) DIRECTING
DEFENDANT TO SUBMIT
DOCUMENTS FOR IN CAMERA
INSPECTION AND (2) VACATING
HEARING DATE FOR PLAINTIFF’S
MOTION TO COMPEL
[Re: Docket No. 34]

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On April 19, 2011, plaintiff John French (“French”) filed a motion to compel defendant JDS

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Uniphase Corporation (“JDSU”) to produce further documents in response to his First Set of

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Requests for Production of Documents. Docket No. 34. JDSU opposed French’s motion on the

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ground that the documents French seeks — certain May 2009 emails between JDSU executives and

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JDSU’s in-house counsel Kevin Siebert (the “Siebert Emails”) — are protected by the attorney-

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client privilege. Docket No. 41. To determine whether they are or are not, the Court must see them.

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Accordingly, the Court directs JDSU to submit the Siebert Emails to the Court for in camera review

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no later than May 24, 2011. In addition, the currently-scheduled May 24, 2011 hearing date for

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French’s motion to compel is VACATED. Should the Court determine that oral argument is

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necessary, it will inform the parties and set a new hearing date.

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IT IS SO ORDERED.
Dated: May 19, 2011
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C10-03645 JF (HRL) Notice will be electronically mailed to:

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Amy Elizabeth Beckstead

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John Robert Shuman, Jr
Rodney B. Sorensen, Esq

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[e-mail], [e-mail],
[e-mail]
[e-mail], [e-mail]
[e-mail], [e-mail],
[e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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