Dunbar v. Google, Inc.
Filing
244
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL PRODUCTION re #215 Administrative Motion to File Under Seal Portions of Plaintiff's Notice of Motion, Points and Authorities in Support of Motion to Compel Discovery Responses filed by Keith Dunbar. Signed by Judge Paul S. Grewal on January 8, 2013. (psglc2S, COURT STAFF) (Filed on 1/8/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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KEITH DUNBAR,
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Plaintiff,
v.
GOOGLE, INC.,
Defendant.
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Case No.: C 12-3305 LHK
ORDER GRANTING-IN-PART AND
DENYING-IN-PART PLAINTIFF’S
MOTION TO COMPEL
PRODUCTION
(Re: Docket No. 215)
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Earlier today the parties appeared for hearing on a motion to compel discovery responses
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brought by Plaintiff Keith Dunbar (“Dunbar”). Defendant Google, Inc. (“Google”) opposes the
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motion. In a nutshell, Dunbar wants Google to supplement its production of documents responsive
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to its first set of requests, specifically Requests Nos. 1, 2, 12(6), and 12(30). The requests arise
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from Dunbar’s claim that Google violates 18 U.S.C. §§ 2511(1)(a) and (1)(d) by intercepting
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emails sent to Gmail users by others and thereafter using the content acquired from therein.
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Dunbar claims that in doing so Google avoids paying third parties “traffic acquisition costs” for the
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same type of data and content.
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To avoid any unnecessary further delay in this case, the court will dispense with a lengthy
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discussion of background and the parties’ respective arguments. In light of Judge Koh’s orders
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allowing Dunbar to file a third amended complaint and setting a schedule for Dunbar’s motion for
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Case No.: C 12-3305 LHK (PSG)
ORDER
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class certification, and the disappointing pace of supplemental document production in the many
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months since transfer of this case from the Eastern District of Texas, the court instead simply rules
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as follows:
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IT IS HEREBY ORDERED that Google shall complete its production of documents
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relating PHIL, keywords, and four other categories identified at lines 6-7 of page 12 of its
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opposition, including the three specific documents referenced in Dunbar’s motion and
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acknowledged by Google at line 8 on page 12 of its opposition;
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IT IS FURTHER ORDERED that Google shall complete its production of documents
identified at lines 12-15 of page 123 of its opposition. These documents are limited to all
United States District Court
For the Northern District of California
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“overview” documents from Google’s internal wikis and other central sources. To the extent
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Dunbar requires details beyond the overview provided by these overview documents, Dunbar may
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move again for relief. This balance best achieves the goals set forth in Fed. R. Civ. P. 26(b)(2)(C);
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and
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IT IS FURTHER ORDERED that Google shall complete this production no later than
January 25, 2013.
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All other relief requested, including an order requiring production of metadata in other
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Gmail users’ inboxes, is DENIED. Even if Dunbar were only seeking production of the email
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communications in which he was the “originator” (for which a voluntary exception could apply
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under 18 U.S.C. § 2702(b)(3)), Google may not be compelled to produce the emails and associated
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metadata that it maintains in electronic storage subject to the Stored Communications Act. 1
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IT IS SO ORDERED.
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Dated: January 8, 2013
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_________________________________
PAUL S. GREWAL
United States Magistrate Judge
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See 18 U.S.C. § 2702; In re Request For Order Requiring Facebook, Inc. to Produce Documents
& Things, Case No. C 12-80171 LHK (PSG) (N.D. Cal. Sept. 20, 2012).
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Case No.: C 12-3305 LHK (PSG)
ORDER
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