Woods v. Google, Inc.

Filing 417

Order by Magistrate Judge Virginia K. DeMarchi re 406 Discovery Letter Brief re: Plaintiff Cabrera's Refusal to Produce Documents; 407 Joint Discovery Letter Brief re: Cabrera data. Google's declaration of counsel due by 11/5/2018 5:00 p.m. (vkdlc1S, COURT STAFF) (Filed on 11/2/2018)

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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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RICK WOODS, ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

GOOGLE LLC,

Re: Dkt. Nos. 406, 407

Defendant.

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ORDER RE OCTOBER 30, 2018 JOINT
DISCOVERY LETTER BRIEFS

v.

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Case No.11-cv-01263-EJD (VKD)

On October 30, 2018, the parties submitted two joint discovery letter briefs. Dkt. Nos.

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406, 407. On November 2, 2018, the Court held a hearing on the disputes described in the letters.

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Dkt. No. 412.

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For the reasons stated on the record during the hearing, the Court makes the following
rulings on these disputes:
Google’s Motion to Compel Document (Dkt. No. 406)

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1.

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Mr. Cabrera represents that he has produced all documents reflecting any advice regarding

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Internet advertising on the Google AdWords advertising platform. Google’s demand for all

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documents relating to all advice Mr. Cabrera has given to his own advertising and consulting

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clients—regardless of whether that advice relates to the AdWords advertising platform at issue in

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this case—seeks discovery that is neither relevant to any claim or defense in this case, nor

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proportional to the needs of this case. Google’s motion to compel further production for

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documents relating to Mr. Cabrera’s advice to his clients is denied.

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Mr. Cabrera also represents that he no longer has within his possession, custody, or control

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lists of his in-person training customers from a business he sold in 2009. Google has not pointed

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to any plausible evidence suggesting that this is not the case. Google’s motion to compel

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production of a customer list is denied.
Mr. Cabrera’s Motion to Compel Click Data (Dkt. No. 407)

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2.

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At a recess during the hearing, and at the Court’s direction, counsel for the parties

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conferred regarding Google’s production of “click data” for Mr. Cabrera. When the hearing

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resumed, counsel for Mr. Cabrera read into the record certain matters that reflected the parties’

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tentative resolution of this dispute.
Counsel for Google must confer with Google to confirm that Google’s production of click

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data is complete, consistent with Mr. Cabrera’s counsel’s recitation on the record during the

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hearing.1 Google must file a declaration of counsel no later than 5:00 p.m. on Monday,
November 5, 2018 confirming that the production is, in fact, complete. If the production is not

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United States District Court
Northern District of California

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complete, Google must immediately notify Mr. Cabrera. If the matter is not thereafter

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immediately resolved, the parties shall so advise the Court, and the Court will issue a decision on

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the motion to compel.

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The Court takes this matter under submission, pending further proceedings outlined above.

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IT IS SO ORDERED.

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Dated: November 2, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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An audio file with a recording of the hearing is available on ECF at Dkt. No. 413.
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