Nguyen v. McHugh

Filing 54

ORDER GRANTING-IN-PART MOTION TO COMPEL by Judge Paul S. Grewal granting-in-part 35 (psglc2, COURT STAFF) (Filed on 5/6/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 HUYEN L. NGUYEN, Plaintiff, 12 13 v. JOHN M. MCHUGH, 14 Defendant. 15 ) ) ) ) ) ) ) ) ) Case No. 5:13-cv-01847-LHK-PSG ORDER GRANTING-IN-PART MOTION TO COMPEL (Re: Docket No. 35) Before the court is Plaintiff Huyen L. Nguyen’s motion to compel. 1 The government 16 17 opposes. The parties, through counsel, appeared at a hearing this morning on the motion. In the 18 interests of expediency, the court turns directly to the motion. The court ORDERS as follows: • Because the Supreme Court has made clear that statistics “showing racial or ethnic imbalance are probative” and often provide “a telltale sign of purposeful” discrimination, 2 the government shall produce responsive discovery that it has in its possession, custody or control. Because “statistics are not irrefutable,” the government is free to challenge any statistics Nguyen relies upon down the line. At this stage, however, they are discoverable. • Nguyen is entitled to complete discovery regarding any contracting agency who was involved in hiring during her period of employment. • 19 The government must turn over a complete privilege log responsive to privileged communications. That log specifically must indicate whether any documents are responsive to Nguyen’s allegation that the government was not permitted to disclose the 20 21 22 23 24 25 1 26 2 27 28 See Docket No. 35. Int’l Bhd. of Teamsters v. United States, 431 U.S. 324, 340, n.20 (1977); see also Gay v. Waiters’ & Dairy Lunchmen’s Union, Local No. 30, 489 F. Supp. 282, 300 (N.D. Cal. 1980) aff’d, 694 F.2d 531 (9th Cir. 1982) (explaining that Int’l Bhd. of Teamsters “established that purposeful employment discrimination may be proved by statistical” evidence). 1 Case No. 5:13-cv-01847-LHK-PSG ORDER GRANTING-IN-PART MOTION TO COMPEL

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