Wright v. Sunham Home Fashions, LLC
Filing
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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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UNITED STATES DISTRICT COURT
United States District Court
For the Northern District of California
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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DAVID D. WRIGHT,
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Plaintiff,
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v.
SUNHAM HOME FASHIONS, LLC,
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Defendant.
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Case No.: 12-mc-80189-EJD (PSG)
ORDER RE PRODUCTION OF
DOCUMENTS AND COSTS FOR
PRODUCTION
(Re: Docket Nos. 20, 25)
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On October 26, 2012, E&E Co., Ltd., JLA Home, a division of E&E Co., Ltd, and JLA
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Home Fabrics, Inc. (collectively “E&E Entities”) moved for reconsideration of an order this court
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issued on October 10, 2012 that required the E&E Entities to produce twenty-two boxes of
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responsive documents by October 23, 2012 to Sunham Home Fashions, LLC’s (“Sunham”), so
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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
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November 14, 2012.
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In light of the blameworthy behavior on each side of this dispute and as explained more
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fully on the record at the hearing, the court has determined that the parties should each bear a share
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of the burden in producing the documents at issue. Accordingly,
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Case No.: 12-mc-80189-EJD (PSG)
ORDER
IT IS HEREBY ORDERED that by December 14, 2012, the E&E Entities shall have ready
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for production the same materials contained within the twenty-two boxes produced in the earlier
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case.
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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.
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IT IS FURTHER ORDERED that production of the documents shall be subject to the
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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
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To facilitate the process of production and payment, well before December 14, 2012, the
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E&E Entities shall marshal the responsive documents and provide to Sunham an estimate of the
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cost to designate and to produce the documents. After receiving the estimate, Sunham shall inform
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the E&E Entities whether it wants the E&E Entities to produce the documents. If Sunham agrees
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to the production, the E&E Entities shall prepare the documents and a finalized bill.
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Sunham must pay fifty percent of the bill before it may receive the documents from the
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E&E Entities. Once Sunham pays its mandatory portion, the E&E Entities must deliver the
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documents. To ensure that discovery in the underlying case is not delayed, any disputes regarding
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the amount of the fees may only be brought after this transaction takes place.
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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.
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IT IS SO ORDERED.
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Dated: November ____, 2012
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_________________________________
PAUL S. GREWAL
United States Magistrate Judge
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Case No.: 12-mc-80189-EJD (PSG)
ORDER
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