Veridian Credit Union v. Eddie Bauer LLC

Filing 110

ORDER re: discovery dispute and directing additional briefing. Defendant Eddie Bauer to file an appropriate discovery motion; Plaintiff to respond. Court orders parties to meet and confer to attempt to resolve the dispute and to file a supplemental brief by no later than the noting date of Defendant's discovery motion. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VERIDIAN CREDIT UNION,
Plaintiff,

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CASE NO. C17-0356JLR
ORDER

v.
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EDDIE BAUER LLC,
Defendant.

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After counsel for Defendant Eddie Bauer LLC (“Eddie Bauer”) contacted the

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court to request a discovery conference, the court ordered the parties to file short

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statements providing additional information about the dispute. (See 7/23/18 Order (Dkt.

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# 106).) Based on their statements, the court confirms that the requests for production

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(“RFPs”) about an unrelated data breach are no longer at issue. (See Pl. Statement (Dkt.

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# 107) at 2 n.1; Def. Statement (Dkt. # 108) at 2.) To resolve the remaining disputed

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issue—whether RFPs 18 and 19 implicate the attorney-client privilege and/or the

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work-product privilege—the court requires additional briefing. (See Pl. Statement at 3-4;

ORDER - 1

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Def. Statement at 2-4.) Thus, the court ORDERS Eddie Bauer to file an appropriate

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discovery motion, noted according to Local Civil Rule 7(d)(3).1 See Local Rules W.D.

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Wash. LCR 7(d)(3). Plaintiff Veridian Credit Union (“Veridian”) must respond in

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accordance with Local Civil Rule 7(b)(2). See Local Rules W.D. Wash. LCR 7(b)(2).

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The court further ORDERS the parties to meet and confer between the time Veridian files

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its response and the noting date of the motion to attempt to resolve the dispute. After the

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meet and confer but no later than the noting date, the court ORDERS each party to file a

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supplemental brief of no more than two (2) pages informing the court what issues, if any,

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remain in dispute. The parties may not raise issues not presented in Eddie Bauer’s

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motion, and Eddie Bauer’s supplemental brief will take the place of a typical reply brief.

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See Local Rules W.D. Wash. LCR 7(b)(3). If the parties agree on the issues, they may

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jointly file a single two-page brief.

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Dated this 26th day of July, 2018.

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A

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JAMES L. ROBART
United States District Judge

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In deciding when to file its motion, Eddie Bauer should allow enough time for the
motion to note and the court to rule before the class discovery deadline on September 28, 2018.
(See 7/9/18 Min. Entry (Dkt. # 104).)

ORDER - 2