Calhoun et al v. Google LLC

Filing 220

ORDER re 206 Discovery Letter Brief. Further Discovery Status Chart due by 8/2/2021. Discovery Hearing set for 8/12/2021 09:30 AM. Signed by Judge Susan van Keulen on 6/8/2021. (Attachments: # 1 Exhibit chart of discovery rulings)(svklc1S, COURT STAFF) (Filed on 6/8/2021)

No.

Date
Submitted

1.1

2/17/2021

1.2

4/20/2021

1.3

4/20/2021

Dispute

Court Order (6/8/21)

Plaintiffs’ cross-motion to
compel Rule 30(b)(6)
deposition on topic of
data logs and production
of documents in advance
(next deposition
scheduled for June 11,
2021)
Protective Order
regarding Plaintiff
devices and PI

In preparation for the June 11 depo, Plaintiffs can identify 40 hyperlinks by 6/4 at noon – Google is to produce them
by 6/8 at noon. If there are further issues re specific hyperlinks, the Court will address those in due course but will not
order a mass production of hyperlinks because it would be beyond the scope and not proportional to the needs of the
cases.

Plaintiffs’ RFP No. 5,
request for data
associated with Plaintiffs
or their PI

The Court continues to weigh how discovery may be completed efficiently and in a timely manner into the related issues
of (1) what information Defendant has regarding Plaintiffs; and (2) what information Defendants have regarding
identification of putative class members.
First, the Court requests additional briefing on issue 1.3 following the 30(b)6 depositions currently scheduled in these
cases on June 11 and June 16, respectively. Plaintiffs’ brief in support of its motion to compel will be due
Wednesday, June 23, 2021; Defendant’s opposition will be due June 30, 2021. Briefs are not to exceed 10 pages.
The parties may submit no more than 8 exhibits with a supporting declaration providing foundation and/or a brief
explanation of the attachments; declarations are not to contain argument.
Second, the Court is considering is the appointment of a special master under Rule 53 with sufficient technical expertise
to assist the Court in evaluating the parties’ arguments and responses on the foregoing issues in particular and, if
necessary, on future discovery disputes. Neutrality of the special master would be required (Rule 53(a)(2)), and he/she
would be selected following 2 nominations by each side, the parties meeting and conferring (as this may be an area
where the proper candidate is obvious) and, if necessary, the Court making the selection. The Court will hear from
the parties as to this approach, including any concerns set forth in Rule 53(a)(3), in a joint letter not to exceed 7
pages by June 18, 2021.

1.4

4/20/2021

1.5

4/20/2021

Plaintiffs’ RFP Nos. 1 &
2, request for documents
exchanged with
regulators
Plaintiffs’ RFP Nos. 3 &
4, request for documents
exchanged in related
litigation

01980-00174/12741526.1

Within 30 days from the date of this order, Google is to identify any additional public investigations regarding
Google’s collection of PI while users, of any type (e.g, synched, not synched; logged-in; logged- out), are using
Chrome. If any such investigations are identified, the parties are to meet and confer regarding production of CIDs or
subpoenas.

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Case No. 5:20-cv-5146-LHK-SVK

1.6

4/20/2021

ESI Search Terms

As to issues 1 & 2, the Parties are to report the status to the Court in their August joint discovery submission.
First, however, it appears more direction from the Court on the addition of ESI search terms and perhaps custodians is
needed. Accordingly,
the parties are to provide: (1) a joint summary of the evolution of ESI search terms and custodians in this case, including
any agreed upon protocol for adding custodians and terms thus far; (2) Plaintiffs’/ Defendant’s proposals as to how to
manage the addition of custodians and terms going forward, including proposed end-dates and caps for additional
custodians or terms. The parties must meet and confer and make a good faith effort to reach agreement on a protocol.
The foregoing is to be included in a joint letter submission not to exceed 5 pages by June 25, 2021.
Though the search-term limitations in the April 13 order in Brown may be appropriate for other custodians, the order did
not, either expressly or impliedly, cover all additional custodians for all time.
Issue #3 will be deferred
As discussed at the June 2 hearing, and clarified herein, productions from specific custodians must identify the
custodian. Productions made pursuant to non-custodial searches need not be tied to specific RFPs.
Issue #4 is addressed at 1.8.

1.7

4/20/2021

ESI Custodians

1.8

4/20/2021

1.9

4/20/2021

1.10

4/20/2021

Plaintiffs’ RFP No. 8B
(docs received or
authored by officers and
directors if related to data
privacy)
Plaintiffs’ RFP Nos. 14 &
20 (certain draft docs;
documents related to the
“White Paper,” see FAC
¶¶ 81-86
Plaintiffs’ RFP Nos. 9-13,
15, 17, 19, 21, 23-25.

2.1

2/17/2021

In further clarification of the Court’s prior order and for good cause shown, Google’s search is to include the directors
and officers of Google Inc., for the period January-October, 2015 and the Google LLC officers from 2015 to present.
The search term is: Chrome w/50 of privacy.

Google’s Motion for
Protective Order Against
Suspending Ordinary Log
Retention Policies

01980-00174/12741526.1

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Case No. 5:20-cv-5146-LHK-SVK

2.2

4/20/2021

Timing of Named
Plaintiffs’ depositions.

2.3

4/20/2021

2.4

4/20/2021

Plaintiffs’ device
preservation, as it relates
to Google’s Request for
Production No. 1,
production, and use of a
review protocol.
Google’s Requests for
Production No. 2.

2.5

4/20/2021

Google’s Interrogatory
No. 2.

2.6

4/20/2021

Google’s Interrogatory
No. 4.

2.7

4/20/2021

Google’s Requests for
Production Nos. 3 and 5.

2.8

4/20/2021

2.9

4/20/2021

Google’s First Set of
Requests for Admission
Nos. 1a and 1b.
Google’s Second Set of
Requests for Admission
Nos. 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, and 13

01980-00174/12741526.1

If the parties have not resolved this dispute, then within 24 hours of this order, Plaintiffs are to provide one additional
business day for the Kindler deposition on or before July 16, 2021. Within 24 hours of receipt of the date, Defendant
will confirm the Kindler deposition either for July 5 or the new date.

Meet and confer to continue.

The parties’ submission on this issue is not helpful to the Court. The Court will set a date in the future for submission of
disputes regarding written discovery.

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Case No. 5:20-cv-5146-LHK-SVK

2.10

4/20/2021

2.11

5/24/2021

Google’s Second Set of
Interrogatories Nos. 6, 7,
8, and 9.
Plaintiffs’ Amended
Response to Google’s
First Set of
Interrogatories No. 5.

01980-00174/12741526.1

The written responses are sufficient; Defendant can follow up at deposition.

No further written response required. At deposition Defendant can inquire as to the original response, Plaintiffs can
make their objection on the record for the trial court to rule on at a later date.

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Case No. 5:20-cv-5146-LHK-SVK