Barrett et al v. Apple Inc. et al

Filing 159

ORDER re Further Proceedings re Discovery Disputes 138 , 141 , 144 , 145 . Parties to confer and provide status report by 3/31/2023. Signed by Magistrate Judge Virginia K. DeMarchi on 3/29/2023. (vkdlc2, COURT STAFF) (Filed on 3/29/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARL BARRETT, et al.,
Plaintiffs,

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v.

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United States District Court
Northern District of California

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Case No. 20-cv-04812-EJD (VKD)

APPLE INC., et al.,
Defendants.

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ORDER RE FURTHER
PROCEEDINGS RE DISCOVERY
DISPUTES
Re: Dkt. Nos. 138, 141, 143, 145

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On March 28, 2023, the Court held a hearing on four discovery-related disputes (Dkt. Nos.

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138, 141, 144, and 145). Dkt. No. 158. As discussed at the hearing, the Court directs that the

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parties confer further regarding the following matters:

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1.

With respect to Dkt. No. 138, the Court is inclined to permit plaintiffs to exceed the

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25-interrogatory limit of Rule 33(a), so long as the interrogatories seek information that is relevant

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and proportional to the needs of the case. For this reason, the parties must confer regarding:

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(1) which interrogatories seek information that plaintiffs require in order to prepare their motion

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for class certification (“priority interrogatories”), and which can be addressed at a later time;

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(2) what objections, if any, defendants have to the priority interrogatories; (3) whether any of the

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priority interrogatories can be answered satisfactorily by reference to documents or data, pursuant

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to Rule 33(d); and (4) a date by which defendants will answer the priority interrogatories. The

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parties may discuss any other matters related to this dispute that they believe will aid its

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resolution.

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2.

With respect to Dkt. No. 141, the parties must confer regarding the categories of

information plaintiffs seek and what data sources defendants maintain that contain that

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information. The Court expects the parties to comply with section 7 of the ESI Stipulation and

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Order (Dkt. No. 72). Plaintiffs should be prepared to identify any data items or fields they believe

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are missing from defendants’ production and why they believe they are missing, and defendants

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should be prepared to explain the data items or fields that defendants maintain and, if necessary,

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why the data items or fields plaintiffs believe are missing are not available. The parties may

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discuss any other matters related to this dispute that they believe will aid its resolution.

United States District Court
Northern District of California

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3.

With respect to Dkt. No. 143, the parties must confer regarding the data fields

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defendants maintain regarding requests for information from law enforcement and defendants’

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responses thereto, subject to defendants’ claims of privilege or protection. Defendants shall

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investigate whether and to what extent law enforcement requests or defendants’ responses thereto

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are used by defendants for any purpose relevant to the claims or defenses in this action, such as to

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identify suspicious gift card purchases or redemptions. The parties may discuss any other matters

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related to this dispute that they believe will aid its resolution.

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4.

With respect to Dkt. No. 145, the Court does not require the parties to confer

further, although they may do so if they wish.

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The parties shall advise the Court by March 31, 2023 of a date by which they will be

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prepared to report back to the Court regarding the status of these discovery disputes and what

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disputes, if any, remain that require resolution by the Court.

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IT IS SO ORDERED.
Dated: March 29, 2023

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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