Williams v. Gyrus ACMI, LP et al

Filing 199

ORDER by Magistrate Judge Howard R. Lloyd re 158 Discovery Dispute Report No. 2. (hrllc2, COURT STAFF) (Filed on 11/30/2016)

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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
Northern District of California

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PAMELA WILLIAMS,

Case No. 5:14-cv-00805 HRL

Plaintiff,
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ORDER RE DISCOVERY DISPUTE
REPORT NO. 2

v.
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GYRUS ACMI, LP, et al.,

Re: Dkt. 158

Defendants.
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In Discovery Dispute Report No. 2, defendants seek an order compelling plaintiff Pamela

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Williams to produce documents responsive to their Requests for Production 77-81, 83-84, and 86-

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87. (Dkt. 158-1, Ex. A at 27-28). These requests ask for documents pertaining to plaintiff’s claim

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for damages. Defendants state that they attempted to obtain plaintiff’s position to be included in a

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joint discovery dispute report (as required by the undersigned’s Standing Order re Civil Discovery

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Disputes), to no avail. This court grants defendants’ request for discovery as follows:

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There is no dispute as to the relevance or reasonableness of the discovery sought. In

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response to each of the requests at issue, plaintiff agreed to produce “any and all responsive

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documents that she can locate after diligent search and reasonable inquiry, other than any

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documents protected by legally recognized privilege.” (Dkt. 158-1, Ex. C at 47-48). She then

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supplemented her Fed. R. Civ. P. 26 initial disclosures to state, among other things, that as of

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February 2016 she has lost wages totaling $832,133.12, lost benefits amounting to $212,500, and

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that she has mitigated damages. (Dkt. 158-1, Ex. B at 32-36). This court is told that she

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eventually produced some documents and then supplemented her discovery responses to state that

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she had produced all non-privileged documents in her possession, custody, or control. (Dkt. 158-

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1, Ex. K at 86-87).
However, defendants say that plaintiff’s assertions as to the completeness of her

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production are not borne out by the documents. They contend that her document production is

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deficient because it contains many (unexplained) redactions. Additionally, defendants claim that

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the documents are missing pages and attachments. They state that tax records she produced do not

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support the $77,600 plaintiff claims to have earned as of February 27, 2016. Defendants further

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contend that plaintiff has refused to allow the inspection and copying of information she used to

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United States District Court
Northern District of California

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compute the alleged damages set out in her Supplemental Disclosures---even though Fed. R. Civ.

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P. 26(a)(1)(A)(iii) provides that plaintiff must provide such discovery to defendants without

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waiting for a formal document request.

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On this record, this court can find no reason why plaintiff should not be compelled to
provide this discovery. Accordingly, no later than December 9, 2016, plaintiff shall:
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Requests 77-81, 83-84, and 86-87; and

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produce all non-privileged documents responsive to defendants’ Document

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supplement her responses to Document Requests 77-81, 83-84, and 86-87 to state

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(1) whether or not she has withheld any responsive documents or information

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(including through redactions); and (2) if so, on what basis. Plaintiff is advised that

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information generally may not be withheld or redacted, except to protect

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information covered by a legally recognized privilege, such as the attorney-client

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privilege.

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SO ORDERED.

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Dated: November 30, 2016
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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5:14-cv-00805-BLF Notice has been electronically mailed to:

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Glenn Lansing Briggs

[e-mail], [e-mail]

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Kymberleigh Damron-Hsiao [e-mail], [e-mail],
[e-mail], [e-mail]

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Pamela Williams

[e-mail]

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5:14-cv-00805-BLF Notice to be mailed to:

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Pamela Williams
909 Marina Village Parkway, #292
Alameda, CA 94501

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United States District Court
Northern District of California

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