Moussouris v. Microsoft Corporation, C15-1483JLR. (2016)
Court: District Court, D. Washington
Number: infdco20170201f03
Visitors: 7
Filed: Dec. 21, 2016
Latest Update: Dec. 21, 2016
Summary: ORDER JAMES L. ROBART , District Judge . Before the court is the parties' joint motion to modify the case schedule. (Joint Mot. (Dkt. # 135).) In light of the parties' anticipated dispute over some unqualified portion of the more than 100,000 documents that Microsoft has designated as privileged, the court adopts parties' proposed schedule up to and including briefing on the pre-class certification privilege log challenges: Friday Microsoft completes production of privilege logs. 12/
Summary: ORDER JAMES L. ROBART , District Judge . Before the court is the parties' joint motion to modify the case schedule. (Joint Mot. (Dkt. # 135).) In light of the parties' anticipated dispute over some unqualified portion of the more than 100,000 documents that Microsoft has designated as privileged, the court adopts parties' proposed schedule up to and including briefing on the pre-class certification privilege log challenges: Friday Microsoft completes production of privilege logs. 12/1..
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ORDER
JAMES L. ROBART, District Judge.
Before the court is the parties' joint motion to modify the case schedule. (Joint Mot. (Dkt. # 135).) In light of the parties' anticipated dispute over some unqualified portion of the more than 100,000 documents that Microsoft has designated as privileged, the court adopts parties' proposed schedule up to and including briefing on the pre-class certification privilege log challenges:
Friday Microsoft completes production of privilege logs.
12/16/16 Close of class discovery except as to (1) the
production, of documents identified in section 4
below and (2) the process of privilege log
production, log review, meeting and conferring
regarding challenges to the log entries, and
briefing regarding privilege challenges, and any
new requests for discovery arising from this
process or documents produced for the first time
after December 16, 2016.
Friday Microsoft completes production of privilege logs
12/23/16 for ERIT complaints.
Thursday Plaintiffs complete identification of pre-class
01/12/17 certification issues regarding Microsoft's logs of
documents responsive to Plaintiffs' Requests for
Production Nos. 10, 20, 21, and 22.
Tuesday Complete production of documents and data
01/31/17 described in Section 4, below
Tuesday Parties complete meet and confer on pre-class
01/31/17 certification issues regarding Microsoft's privilege
logs of documents responsive to Plaintiffs'
Requests for Production Nos. 10, 20, 21, and 22.
Friday Plaintiffs' brief regarding pre-class certification
02/10/17 privilege log challenges
Monday Microsoft's opposition brief regarding Plaintiffs'
02/27/17 pre-class certification privilege log challenges
Friday Plaintiffs' reply brief regarding pre-class
03/03/17 certification privilege log challenges
However, the court finds the second half of the proposed schedule, which begins with class certification briefing, be unworkable because it is too speculative, and the court therefore declines to set that schedule at this time. Accordingly, the court VACATES the class certification and expert witness briefing schedule currently in place (Dkt. # 133) and ORDERS the parties to propose, jointly or separately, a briefing schedule on class certification and expert witnesses no later than March 3, 2017.
In addition, the court intends to appoint a special master to oversee selected discovery issues in this matter. See Fed. R. Civ. P. 53. The attorney will bill monthly using his or her standard rate. Invoices will be paid 50%-50% by Plaintiffs and Microsoft within 30 days. Special master expenses may be submitted for consideration as a taxable cost at the conclusion of the case. The court ORDERS any party that opposes such appointment to file a brief not to exceed three pages no later than December 28, 2016.
Source: Leagle
