United States District Court, N.D. California
KAREN MOU, ANITA WILLIS, on behalf of themselves and those similarly situated, Plaintiffs,
SSC SAN JOSE OPERATING COMPANY LP, SSC PITTSBURG OPERATING COMPANY LP, SSC OAKLAND EXCELL OPERATING COMPANY LP, SSC NEWPORT BEACH OPERATING COMPANY LP, SSC CARMICHAEL OPERATING COMPANY LP, SSC TARZANA OPERATING COMPANY LP, SAVASENIORCARE LLC, SAVASENIOR CARE ADMINISTRATIVE SERVICES, LLC, SAVASENIORCARE CONSULTING, LLC, SSC DISBURSEMENT COMPANY, LLC and DOES 1-10, Defendants.
ORDER RE: DISCOVERY PLAN AND RESOLVING DISCOVERY
NATHANAEL M. COUSINS JUDGE.
Order resolves a discovery dispute (ECF 71, 73) with dueling
proposed orders (ECF 75, 76) for an ESI discovery plan in
this case. The Court held a hearing on the dispute on
September 11. This Order is derived from the proposed order
filed by defendants. It is guided by the need for an ESI
discovery plan to guide the parties justly and efficiently
through the discovery process, with discovery of information
proportional to the needs of the case under Fed.R.Civ.P. 26.
The Court set a further discovery hearing for October 30,
2019, at 1:00 p.m. to follow up on the implementation of this
plan. No costs or fees are awarded.
parties must be mindful of the importance the Court places on
cooperation and commit to cooperate in good faith throughout
the matter. With respect to ESI, cooperation must be
consistent with this Court's Guidelines for the Discovery
parties have previously identified and consulted with
liaisons (e.g., in-house counsel, members of Defendants'
information technology systems executive team, and third
party e-discovery vendors) who are and will be knowledgeable
about and responsible for discussing their respective ESI.
The parties' e-discovery liaisons must be, or have access
to those who are, knowledgeable about the technical aspects
of e-discovery, including the location, nature,
accessibility, format, collection, search methodologies, and
production of ESI in this matter. The parties must rely on
the liaisons, as needed, to confer about ESI and to help
resolve disputes without court intervention.
Court finds that the preservation obligations described below
are reasonable and proportionate to the needs of this matter.
To reduce the costs and burdens of preservation and to ensure
proper ESI is preserved, the Court orders:
ESI created or received after February 20, 2014, through June
6, 2018 will be preserved;
Defendants will preserve ESI for the following custodians:
• Remedios Tibayan, Administrator
• Corazon Obillo, Administrator
• Antonio Moya, Administrator
• Teodora Chua, Director of Nursing
• Glenda Cabrera, Director of Nursing
• Zenaida Francisco, Director of ...