UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
September 29, 2011
ALASKA AIRLINES, INC.; CORPORATE
DOES 1-20; AND INDIVIDUAL DOES 21-40, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: William United District Judge
[PROPOSED] ORDER COMPELLING PRODUCTION OF DOCUMENTS BY DEFENDANT ALASKA AIRLINES, INC.
Plaintiff Abdul Alani's Second Request for Production of Documents sought production 2 of, inter alia, reports submitted to Defendant by any Alaska Airlines technician under the terms 3 of the "Aviation Safety Action Program" ("ASAP") during the period January 1, 2000, to date. 4
Defendant objected and declined to produce the documents on the grounds that Alaska Airlines 5 does not have the unilateral right to produce the ASAP documents, that they are neither relevant 6 7 nor likely to lead to the discovery of admissible evidence regarding Plaintiff's national origin and retaliation claims, and that production of the documents would chill ASAP reporting by employees. 10
The parties met and conferred, as a consequence of which Plaintiff narrowed his request 11 to ASAP reports submitted to Defendant by avionics technicians in the specified period, with the 12 technicians' names redacted and replaced by a numeric code. Defendant responded that its 13 objections remained and declined to produce the requested documents. 14 15
Plaintiff sought an order compelling Defendant to produce ASAP reports submitted to it by avionics technicians. Plaintiff submitted to the Court a letter brief dated September 20, 2011, 17 summarizing the relief sought, pursuant to the Supplemental Order to Order Setting Initial Case 18 Management Conference in Civil Cases Before Judge William Alsup. Defendant submitted to the 19 Court a letter brief in opposition dated September 23, 2011. This matter came on for hearing 20 before the Honorable William H. Alsup on September 26, 2011, at 2:00 p.m., Deborah C. 21 England, Esq., appearing for Plaintiff and Angela M. Corridan, Esq., of Davis Wright Tremaine, 22 23 LLP, appearing for Defendant.
The Court, having considered the pleadings and papers filed in support and opposition to 25 Plaintiff's request for relief, the other pleadings and papers on file in this matter, as well as the 26 arguments of counsel, now orders as follows:Defendant is ordered to produce ASAP reports 27 submitted by technicians employed by Defendant at either San Francisco International Airport or 28 Oakland International Airport, who have submitted three or more ASAP reports, whether 2 accepted or rejected by the ASAP committee, during the period January 1, 2007, through August 3 31, 2008. The name of a technician submitting any ASAP report to be produced shall be 4 redacted and replaced by a unique numeric code assigned to the individual technician. The 5 redacted documents may be produced by Defendant subject to the stipulated Protective Order 6 7 entered in this action.
The documents to be produced shall be served on Plaintiff's counsel not later than October 11, 2011. Defendant shall have one week from the date of the hearing of this matter to 10 submit a letter on behalf of the Federal Aviation Administration ("FAA") and/or the Aircraft Mechanics Fraternal Organization ("AMFA"), respectively, if either entity objects to the disclosure of the redacted documents, requesting to be heard to object to this Order.
Approved as to form.
Dated: September 28, 2011 DAVIS WRIGHT TREMAINE, LLP
By: /s/ Angela M. Corridan
ANGELA M. CORRIDAN
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Deborah C. England, attest that I obtained the concurrence of Angela M. Corridan, in filing this document.
I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Executed this 28th day of September, 2011, at San Francisco, California.
/s/ Deborah C. England
Deborah C. England
© 1992-2011 VersusLaw Inc.