Basich v. Patenaude and Felix, APC et al

Filing 137

ORDER by Magistrate Judge Howard R. Lloyd re 108 Discovery Dispute Joint Report #11. (hrllc2, COURT STAFF) (Filed on 7/30/2012)

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*E-FILED: July 30, 2012*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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No. C11-04406 EJD (HRL)

MARY BASICH,

ORDER RE DISCOVERY DISPUTE
JOINT REPORT #11

Plaintiff,
v.

[Re: Docket No. 108]
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PATENAUDE & FELIX, APC and CAPITAL
ONE BANK, (USA), N.A.; DOES 1-10,
inclusive,

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Defendants.
/

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Plaintiff Mary Basich sues for alleged violations of the Fair Debt Collection Practices

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Act, 15 U.S.C. § 1692, et seq., the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq., and the

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California Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq. She

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claims that defendants improperly attempted to collect a debt from her with respect to a Capital

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One credit card and invaded her privacy by obtaining her credit report without her permission.

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Plaintiff says that this is a case of mistaken identity and that she is not the debtor. Reportedly,

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the debt is owed by one Mary Ryals, who used the alias “Mary Basich.”

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In Discovery Dispute Joint Report (DDJR) #11,1 plaintiff Mary Basich seeks an order

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compelling defendants to produce documents that she says have been improperly withheld on

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the basis of the attorney-client privilege, the attorney work product doctrine, relevance

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objections, privacy objections, and trade secret assertions.
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Plaintiff’s papers erroneously identify this report as DDJR #10.

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The term “Joint Report” is a misnomer here because, contrary to this court’s Standing

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Order re Civil Discovery Disputes, the parties have submitted separate reports. Finger pointing

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then ensued. Plaintiff claims that defendants stalled and did not provide their input in time for

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the submission of a joint report. In their separate submission, defendants contend that plaintiff

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failed to complete meet-and-confer negotiations and proceeded to file a DDJR without giving

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them sufficient time to review their privilege logs or to participate in the preparation of joint

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report. Additionally, defendants advise that they have been reviewing their withheld

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documents. So far, they have determined that at least 14 additional documents should be

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produced or unredacted. This court is told that those documents (not specified for the court)
were produced on July 3. Further, defendants advise that Capital One recently decided to waive

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For the Northern District of California

United States District Court

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the attorney-client privilege as to this account. And, in view of that waiver, defendants have

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served another privilege log. Noting that their client contact was on vacation, defendants also

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say that they have been unable to address the trade secret issues raised by plaintiff’s DDJR.

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In sum, DDJR #11 is a mess and yet another example of discovery disputes run amuck.
On the record presented, the scope of the current dispute is unclear.

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DDJR #11 is denied. This court is informed that Judge Davila has been presented with

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requests to modify the current case schedule. Accordingly, the denial re DDJR #11 is without

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prejudice, but this ruling is subject to whatever scheduling decisions Judge Davila may make.

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To the extent the matters presented by DDJR #11 are renewed, the parties are advised that this

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court will not look favorably upon any future DDJR that fails to comply with the undersigned’s

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standing order.

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SO ORDERED.
Dated: July 30, 2012

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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5:11-cv-04406-EJD Notice has been electronically mailed to:

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Balam Osberto Letona

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Candice Lynn Fields [e-mail], [e-mail], [e-mail],
[e-mail]

[e-mail]

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Danielle Renee Teeters

[e-mail], [e-mail]

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June D. Coleman

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

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Lucius Wallace

[e-mail], [e-mail]

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Robert David Humphreys

[e-mail], [e-mail]

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For the Northern District of California

United States District Court

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