Kannan v. Apple Inc.

Filing 144

Interim Order re Joint Discovery Dispute Letters. Signed by Judge Virginia K. DeMarchi on 10/9/2019. (vkdlc1S, COURT STAFF) (Filed on 10/9/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

RAJA KANNAN,
Plaintiff,

9
10

United States District Court
Northern District of California

11

Case No.17-cv-07305-EJD (VKD)
INTERIM ORDER RE JOINT
DISCOVERY DISPUTE LETTERS

v.

Re: Dkt. Nos. 140, 141

APPLE INC.,
Defendant.

12
13
14
15
16
17

On October 7, 2019, the parties filed various discovery-related submissions. The Court
addresses some of those submissions on an interim basis as follows:
1.

Dkt. Nos. 140 and 141

The parties filed joint discovery dispute letters concerning a protective order and defendant

18

Apple Inc.’s motion to compel third parties to comply with subpoenas for plaintiff Raja Kannan’s

19

employment applications. Dkt. Nos. 140, 141. Mr. Kannan’s portions of those letters exceed the

20

1,500-word limit. See Standing Order for Civil Cases at 3. The Court therefore strikes Mr.

21

Kannan’s portions of those letters. Mr. Kannan may resubmit his portions of those letters to

22

conform with the word limit by October 11, 2019, 12:00 p.m. Any resubmissions may not

23

include arguments not made in the previous submissions.

24
25

2.

Apple’s subpoenas to medical providers

The parties also filed a further joint status report concerning Apple’s third-party subpoenas

26

to medical providers that were the subject of an earlier joint discovery dispute letter and prior

27

orders of the Court. Dkt. Nos. 108, 113, 120, 129, 143. The Court has reviewed the October 7,

28

2019 status report and finds that Mr. Kannan’s objections were resolved by the Court’s September

1

30, 2019 order. Dkt. No. 129. In view of the update Apple has provided, the Court further orders

2

as follows:

3
4
5

1. The disputes as to San Andreas Regional Center and Dr. Dagmar Maria Horvath have
been resolved.
2. With respect to Kaiser Permanente, Dr. Molly McCullough, and Dr. Carrie Silver,

6

Apple asks the Court to compel those third parties to produce the requested information

7

by October 11, 2019. However, there is no indication that the third parties have

8

objected or refused to provide the requested information. If such a dispute arises, the

9

appropriate course of action is for Apple and any objecting third party shall seek
resolution of the dispute using the discovery dispute resolution procedures set forth in

11

United States District Court
Northern District of California

10

the Court’s Standing Order for Civil Cases and the operative protective order.

12

3. If it has not already done so, Apple shall promptly provide a copy of the Court’s

13

September 30, 2019 order (Dkt. No. 129) and the operative revised protective order

14

(Dkt. No. 122) to all third-party subpoena recipients who have not yet complied with

15

the subpoenas.

16

4. First Legal shall forward the documents received from the Cupertino Union School

17

District to Apple, based on Apple’s report that the third party has indicated those

18

documents do not require further redaction.

19

5. After Apple receives documents or information from a medical provider that reflect

20

that provider’s efforts to produce records that include only the information specifically

21

called for in the subpoena, Apple shall direct First Legal to return to the medical

22

provider any prior production of records that were not so limited. From the parties’

23

status report, the Court infers that this directive applies to records originally produced

24

by Kaiser Permanente, San Andreas Regional Center, Dr. Horvath, Dr. McCullough,

25

and/or Dr. Silver.

26

6. Apple shall provide a copy to Mr. Kannan of all third-party document production that it

27

receives from the medical providers in response to the subpoenas. The parties shall

28

thereafter confer about appropriate designations for those documents under the
2

1
2
3

operative protective order.
IT IS SO ORDERED.
Dated: October 9, 2019

4
5
VIRGINIA K. DEMARCHI
United States Magistrate Judge

6
7
8
9
10

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
3