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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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HUYEN L. NGUYEN,
Plaintiff,

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v.
JOHN M. MCHUGH,

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Defendant.

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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

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opposes. The parties, through counsel, appeared at a hearing this morning on the motion. In the

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interests of expediency, the court turns directly to the motion. The court ORDERS as follows:
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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.

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Nguyen is entitled to complete discovery regarding any contracting agency who was
involved in hiring during her period of employment.

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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

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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).
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Case No. 5:13-cv-01847-LHK-PSG
ORDER GRANTING-IN-PART MOTION TO COMPEL