Davidson et al v. Apple, Inc.

Filing 279

ORDER by Magistrate Judge Virginia K. DeMarchi re 273 Joint Discovery Dispute Letter re Apple's Production of Email Attachments and Embedded Images. (vkdlc2S, COURT STAFF) (Filed on 11/20/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 THOMAS DAVIDSON, ET AL., 8 Plaintiffs, ORDER RE JOINT DISCOVERY DISPUTE LETTER RE APPLE’S PRODUCTION OF EMAIL ATTACHMENTS AND EMBEDDED IMAGES Defendant. 9 Re: Dkt. No. 273 v. 10 APPLE, INC., 11 United States District Court Northern District of California Case No.16-cv-04942-LHK (VKD) 12 Plaintiffs contend that Apple’s production of electronic stored information (“ESI”) in this 13 14 case includes a number of documents that originally included attachments and/or embedded 15 images, but which have been produced in discovery without those attachments and images.1 The parties and the Court discussed a possible resolution of this dispute at the hearing on 16 17 November 20, 2018. Consistent with that discussion, and for the reasons stated on the record 18 during the hearing, the Court orders as follows: 1. 19 No later than November 30, 2018, Apple shall produce to plaintiffs all missing 20 attachments and embedded images associated with the 248 Apple-produced emails plaintiffs 21 previously identified, and that the parties reference in their joint discovery dispute letter. Apple 22 shall produce the missing attachments and embedded images in a manner that permits plaintiffs to 23 easily associate the attachments and images with the emails to which they belong. If, after a 24 reasonable and diligent search, Apple is unable to locate particular attachments or images, it shall 25 so inform plaintiffs. 2. 26 If plaintiffs subsequently identify other Apple-produced emails or ESI that are 27 28 The parties’ joint submission refers only to emails, but at the hearing plaintiffs’ counsel indicated the problem also extends to other ESI. 1 1 missing attachments or embedded images, and if plaintiffs reasonably require the missing 2 attachments or images in order to prepare for summary judgment, trial, or other proceedings in this 3 case, they may bring those documents to Apple’s attention, and Apple shall promptly search for 4 and produce the missing attachments or images, in the same manner as in paragraph 1 above. 5 This order is without prejudice to either party seeking the Court’s further assistance with 6 this dispute, should assistance prove necessary, by means of the discovery dispute resolution 7 procedure set forth in the Court’s Standing Order for Civil Cases. 8 9 IT IS SO ORDERED. Dated: November 20, 2018 10 United States District Court Northern District of California 11 VIRGINIA K. DEMARCHI United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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