Klein et al v. Facebook, Inc.

Filing 145

INTERIM DISCOVERY ORDER re 132 , 133 , 134 , 135 . Signed by Magistrate Judge Virginia K. DeMarchi on 9/3/2021. (vkdlc2S, COURT STAFF) (Filed on 9/3/2021)

Case 5:20-cv-08570-LHK Document 145 Filed 09/03/21 Page 1 of 2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

MAXIMILIAN KLEIN, et al.,
Plaintiffs,

9

United States District Court
Northern District of California

INTERIM DISCOVERY ORDER

v.

10
11

Case No. 20-cv-08570-LHK (VKD)

FACEBOOK, INC.,
Defendant.

12
13
14

The parties have submitted several discovery disputes for resolution to the Court. Dkt.

15

Nos. 132-135. As discussed during the hearing on these disputes on August 31, 2021, the Court

16

believes the parties should confer further regarding certain matters and then advise the Court

17

regarding any disputes that remain. Accordingly, the Court orders as follows:

18

1.

Dkt. No. 132 (Deposition Protocol): The parties must confer further regarding (a) a

19

realistic estimate of the number of Facebook employees who will provide relevant, non-

20

duplicative testimony; (b) how the parties will count Rule 30(b)(6) depositions, including in

21

circumstances where a corporate designee will also testify as an individual; and (c) the utility of a

22

total hours cap for individual and/or Rule 30(b)(6) deposition testimony. Following this further

23

conference, the parties jointly shall advise the Court of any agreements they have reached

24

regarding the number and duration of depositions and shall also advise of any disputes that

25

remain. The further joint submission is due September 15, 2021, unless the parties agree

26

otherwise.

27
28

2.

Dkt. No. 133 (ESI Protocol): The parties must confer further regarding the data

sources that need not be preserved, collected, reviewed and/or produced because they are not

Case 5:20-cv-08570-LHK Document 145 Filed 09/03/21 Page 2 of 2

1

reasonably accessible. See Dkt. No. 133-1 at 3 (sec. 4.e.). Following this further conference, the

2

parties jointly shall advise the Court of any agreements they have reached regarding this portion of

3

the proposed ESI protocol. If disputes remain, the parties shall file a joint submission that

4

explains why a particular data source should or should not be considered reasonably accessible

5

and why documents or information from that data source should or should not be preserved,

6

collected, reviewed and/or produced. The further joint submission is due September 29, 2021,

7

unless the parties agree otherwise.

8

3.

Dkt. No. 135 (Privilege Logs): Unless the parties agree otherwise, the Court will

require them to exchange two interim privilege logs and one final privilege log during the course

10

of fact discovery. The parties shall confer regarding the dates for exchange of these logs and shall

11

United States District Court
Northern District of California

9

advise the Court of their agreement by September 10, 2021. If the parties cannot agree, the Court

12

will set the dates for exchange.

13

IT IS SO ORDERED.

14

Dated: September 3, 2021

15
16
VIRGINIA K. DEMARCHI
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
27
28
2