Calhoun et al v. Google LLC

Filing 301

ORDER granting 298 Joint Motion for Order Appointing Commissioners to Take Evidence Abroad. Signed by Judge Susan van Keulen on 9/9/2021. (Attachments: # 1 Exhibit - Letter of Request)(svklc1S, COURT STAFF) (Filed on 9/9/2021)

Case 5:20-cv-05146-LHK Document 301 Filed 09/09/21 Page 1 of 3

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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PATRICK CALHOUN, et al., on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
GOOGLE LLC,
Defendant.

Case No. 5:20-cv-05146-LHK-SVK
[PROPOSED] ORDER APPOINTING
COMMISSIONERS TO TAKE
EVIDENCE PURSUANT TO CHAPTER
II, ARTICLE 17 OF THE HAGUE
CONVENTION OF 18 MARCH 1970 ON
THE TAKING OF EVIDENCE ABROAD
IN CIVIL OR COMMERCIAL MATTERS
Judge:

Honorable Lucy H. Koh

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Case No. 5:20-cv-05146-LHK-SVK
[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION

Case 5:20-cv-05146-LHK Document 301 Filed 09/09/21 Page 2 of 3

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[PROPOSED] ORDER
The Court, having reviewed the Joint Motion for Appointment of Commissioners to Take
Evidence Pursuant to Chapter II, Article 17 of the Hague Convention of 18 March 1970 on the
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Taking of Evidence Abroad in Civil or Commercial Matters (ECF No. _____), and supporting

papers submitted by Plaintiffs and Defendant, Google LLC (“Google”)
HEREBY ORDERS THAT:

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(a)

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The Joint Motion (ECF No. ___) is GRANTED;

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(b)

Pursuant to Article 17 of the Hague Convention, Remo Decurtins (the “Swiss

10 Commissioner”), Lesley E. Weaver, and Josef Ansorge (together, the “Commissioners”) are duly
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appointed, pending the approval of the Swiss Federal Office of Justice (“FOJ”), as commissioners
to take evidence in the above-captioned action, specifically in connection with the deposition of Tim
Schumann in his individual capacity;
(c)

This signed Order will be given to the counsel for the parties and the Swiss

16 Commissioner who is directed to file it together with the necessary application for authorization
17 from the relevant Swiss authorities within five (5) business days of the date of this order;
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(d)

Neither this Order, nor the terms of the Court’s Request (which is incorporated into

this Order) shall restrict the scope of discovery otherwise permissible under the Federal Rules of
Civil Procedure.
(e)

Neither this Order, nor the terms of the Court’s Request (which is incorporated into

23 this Order) shall constitute or operate as a waiver of the attorney-client privilege, the work product
24 doctrine, or any other privileges, rights, or protections that may apply to evidence under the laws of
25 Switzerland or the United States.
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Case No. 5:20-cv-05146-LHK-SVK
-1[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION

Case 5:20-cv-05146-LHK Document 301 Filed 09/09/21 Page 3 of 3

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SO ORDERED.

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DATED: September 9, 2021

HON. SUSAN van KEULEN
United States Magistrate Judge

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Case No. 5:20-cv-05146-LHK-SVK
-2[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION