Wright v. Sunham Home Fashions, LLC

Filing 37

ORDER RE PRODUCTION OF DOCUMENTS AND COSTS FOR PRODUCTION re 25 MOTION for Order to Show Cause Notice of Motion and Motion for Order to Show Cause re Contempt; Memorandum of Points and Authorities in Support Thereof filed by Sunham Home Fashions, LLC, 20 Third Party MOTION for Reconsideration re 19 Order on Motion to Compel filed by JLA Home Fabrics, Inc., E&E Co., Ltd.. Signed by Judge Paul S. Grewal on November 14, 2012. (psglc2, COURT STAFF) (Filed on 11/14/2012)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT United States District Court For the Northern District of California 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 DAVID D. WRIGHT, 13 Plaintiff, 14 15 v. SUNHAM HOME FASHIONS, LLC, 16 Defendant. ) ) ) ) ) ) ) ) ) Case No.: 12-mc-80189-EJD (PSG) ORDER RE PRODUCTION OF DOCUMENTS AND COSTS FOR PRODUCTION (Re: Docket Nos. 20, 25) 17 18 On October 26, 2012, E&E Co., Ltd., JLA Home, a division of E&E Co., Ltd, and JLA 19 Home Fabrics, Inc. (collectively “E&E Entities”) moved for reconsideration of an order this court 20 issued on October 10, 2012 that required the E&E Entities to produce twenty-two boxes of 21 responsive documents by October 23, 2012 to Sunham Home Fashions, LLC’s (“Sunham”), so 22 23 long as Sunham paid for them. Sunham moved the same day for civil contempt against the E&E Entities for their failure to comply with the court’s order. The parties appeared for a hearing on 24 November 14, 2012. 25 26 In light of the blameworthy behavior on each side of this dispute and as explained more 27 fully on the record at the hearing, the court has determined that the parties should each bear a share 28 of the burden in producing the documents at issue. Accordingly, 1 Case No.: 12-mc-80189-EJD (PSG) ORDER IT IS HEREBY ORDERED that by December 14, 2012, the E&E Entities shall have ready 1 2 for production the same materials contained within the twenty-two boxes produced in the earlier 3 case. 4 5 6 IT IS FURTHER ORDERED that the E&E Entities and Sunham shall each be responsible for fifty percent of the entire reasonable cost to reproduce and deliver the documents from the E&E Entities to Sunham. 7 IT IS FURTHER ORDERED that production of the documents shall be subject to the 8 9 protective order entered by Judge Gorenstein in the earlier case between Sunham and JLA Home. United States District Court For the Northern District of California 10 To facilitate the process of production and payment, well before December 14, 2012, the 11 E&E Entities shall marshal the responsive documents and provide to Sunham an estimate of the 12 cost to designate and to produce the documents. After receiving the estimate, Sunham shall inform 13 the E&E Entities whether it wants the E&E Entities to produce the documents. If Sunham agrees 14 to the production, the E&E Entities shall prepare the documents and a finalized bill. 15 Sunham must pay fifty percent of the bill before it may receive the documents from the 16 17 E&E Entities. Once Sunham pays its mandatory portion, the E&E Entities must deliver the 18 documents. To ensure that discovery in the underlying case is not delayed, any disputes regarding 19 the amount of the fees may only be brought after this transaction takes place. 20 21 Finally, the parties and their counsel in particular are advised that any further misrepresentations or lack of candor to the court may subject them to sanctions. 22 IT IS SO ORDERED. 23 24 Dated: November ____, 2012 14 _________________________________ PAUL S. GREWAL United States Magistrate Judge 25 26 27 28 2 Case No.: 12-mc-80189-EJD (PSG) ORDER

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