BladeRoom Group Limited et al v. Facebook, Inc.

Filing 397

ORDER by Magistrate Judge Howard R. Lloyd re 311 Discovery Dispute Joint Report No. 16. (hrllc2S, COURT STAFF) (Filed on 10/26/2017)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

BLADEROOM GROUP LIMITED, et al.,
Plaintiffs,

13
14
15
16

Case No.5:15-cv-01370-EJD (HRL)
ORDER RE DISCOVERY DISPUTE
JOINT REPORT NO. 16

v.
FACEBOOK, INC., et al.,

Re: Dkt. No. 311

Defendants.

17
18

In discovery, plaintiffs clawed back certain documents, claiming that they are protected by

19

the attorney-client privilege and the attorney work product doctrine. At issue in Discovery

20

Dispute Joint Report (DDJR) No. 16: whether the subject documents (entries 28-33 and 2595-

21

2599 on plaintiffs’ privilege log) truly are protected from discovery. Facebook says that the

22

privilege/work product protections either don’t apply or were waived. It seeks an order

23

(1) requiring plaintiffs to produce documents and (2) re-opening the depositions of Andy Godden

24

and Paul Rogers.

25

With respect to privilege log entries 28-33, the court is underwhelmed by Facebook’s

26

showing. Nevertheless, it will conduct an in camera review of the withheld documents and

27

produced documents BRG00007423-7426, solely because the court finds that it needs more

28

context to better evaluate the parties’ positions. By 5:00 p.m. on Friday, October 27, plaintiffs

1

shall lodge these documents with the undersigned’s chambers. The court defers ruling on

2

Facebook’s request to re-open depositions, pending completion of its in camera review.

3

As for privilege log entries 2595-2599, based on the papers presented, this court is satisfied

4

that the documents properly have been withheld from production. Facebook has not convincingly

5

demonstrated that an in camera review is warranted. Facebook’s request for production of these

6

documents is denied.

7
8

SO ORDERED.
Dated: October 26, 2017

9
10
HOWARD R. LLOYD
United States Magistrate Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2