Golden v. BofI Holding, Inc. et al

Filing 326

ORDER Requiring Submission of Documents for In Camera Review. Signed by Magistrate Judge Karen S. Crawford on 12/21/21.(dlg)

Case 3:15-cv-02324-GPC-KSC Document 326 Filed 12/21/21 PageID.7451 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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In re B of I HOLDING, INC.
SECURITIES LITIGATION

Case No.: 15-cv-2324-GPC-KSC
ORDER REQUIRING SUBMISSION
OF DOCUMENTS FOR IN CAMERA
REVIEW

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The parties have recently filed two joint discovery motions related to defendants’

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assertion of the bank examination privilege on behalf of the Office of the Comptroller of

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the Currency (“OCC”). See Doc. Nos. 300, 301. Plaintiffs dispute the assertion of

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privilege, and alternatively assert that there is good cause to waive the privilege. See

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generally id. The Court finds that an in camera review of a sampling of the contested

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documents will assist the Court in resolving the parties’ dispute. Accordingly, it is hereby

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ORDERED that:

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1. No later than 5:00 p.m. on December 28, 2021, Defendants shall lodge with

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the Court by email ([e-mail]) the 40 exemplar

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documents the parties provided to OCC for assessment of the bank examination

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privilege (see Doc. No. 300 at 21). Each document shall bear a cover sheet

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indicating whether the document was withheld from production in its entirety

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or produced with redactions.

If redacted, defendants’ redactions shall be
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Case 3:15-cv-02324-GPC-KSC Document 326 Filed 12/21/21 PageID.7452 Page 2 of 2

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indicated by highlighting on the document. The documents shall bear the same

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Bates or control numbers as provided to OCC.

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2. Defendants’ counsel shall also provide the Court with courtesy copies of all

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exemplars provided to the OCC and lodged with the Court pursuant to

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paragraph 1 above, following the instructions previously issued regarding

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courtesy copies. Counsel shall ensure that the courtesy copies are delivered to

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the Court by December 30, 2021.

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3. Also by 5:00 p.m. on December 28, 2021, defendants shall lodge with the Court

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a document setting forth: (1) the total number of documents over which

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defendants have asserted the bank examination privilege; (2) the number of

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documents withheld in their entirety on the basis of the bank examination

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privilege, and, of that number, how many have been produced to plaintiff “in

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other non-privileged contexts” (see Doc. No. 300 at 13); and (3) the number of

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documents redacted on the basis of the bank examination privilege, and, of that

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number, how many have been produced to plaintiff “in other non-privileged

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contexts” (see id.).

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Any questions regarding this Order may be directed to the Court’s staff at [phone].

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IT IS SO ORDERED.

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Dated: December 21, 2021

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