Nguyen v. McHugh

Filing 65

ORDER RE: REQUEST FOR CLARIFICATION OF DISCOVERY ORDER. Signed by Judge Paul S. Grewal on May 28, 2014. (psglc2, COURT STAFF) (Filed on 5/28/2014)

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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 RE: REQUEST FOR
CLARIFICATION OF DISCOVERY
ORDER
(Re: Docket Nos. 54 and 57)

Yesterday the court heard argument regarding Plaintiff’s request for clarification of the

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court’s discovery order of May 6. 1 To clarify:
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The government’s privilege log shall be supplemented to identify each of the documents
regarding Nguyen’s EEO claim for which any one or more of attorney-client privilege,
work product or privacy is claimed as the sole basis for withholding.

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If the government has statistics regarding workers who took jobs as part of the insourcing
program in its possession, custody or control, it must produce them. The government also
shall identify any incumbent contract service provider who (1) applied for an insourced
position, (2) was offered an insourced position or (3) accepted an insourced position
irrespective of the privacy concerns identified by the government. That information shall
be produced pursuant to the protective order in this case. 2

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Because the court is not persuaded that documents regarding the insourcing programs at
other dental clinics are sufficiently tied to the claims in this case to justify the burden on the
government, the government need not produce additional documents from additional
locations.

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All materials required by this order shall be produced without delay.

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See Docket Nos. 54 and 57.

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See Docket No. 60.

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Case No. 5:13-cv-01847-LHK-PSG
ORDER RE: REQUEST FOR CLARIFICATION OF DISCOVERY ORDER