Opinion
No. CV 10-0325 SI (NJV)
11-29-2011
DOLLAR TREE STORES, INC., Plaintiff, v. TOYAMA PARTNERS, LLC, et al., Defendants.
NOT FOR CITATION
ORDER COMPELLING IN CAMERA
PRODUCTION OF DOCUMENTS
On October 28, 2011, this Court granted Plaintiff Dollar Store, Inc.'s motion to compel discovery under the crime fraud exception. See Doc. No. 341. As an initial step, the Court ordered defendants Toyama Partners, LLC et al. ("Defendants") to supplement their privilege logs. Id. at 13-14; see also Doc. 373 (clarifying scope of supplementation). The Court planned to review the logs in order to determine what documents to review in camera. Defendants supplemented their privilege logs on November 14, 2011, the same day they filed a Motion for Relief from Nondispositive Pretrial Order before Judge Illston pursuant to Local Rule 72-2. See Doc. No. 374. Judge Illston denied the motion on November 29, 2011. Doc. No. 411.
For the reasons stated in its Order of October 28, 2011, the Court orders Defendants to produce for in camera review the following documents, identified by the numbers that Defendants have used in their Supplemental Privilege Logs dated November 14, 2011 and served on this Court:
From Toyama Partners, LLC's log: 48, 138-140, 308-310, 388, 412-447;
From Rehon & Roberts, APC's log: 38, 127-129, 288-290, 367, 391-426;
From Harry Fox's log: 54, 59-60, 62, 67, 70-71, 83-84; and,
From Coontz & Matthews LLP's log: 69, 148, 150-151, 154-155. The Court has endeavored to limit its selection of documents to those bearing a direct and obvious connection to the Second Amendment and/or the transfer of the Dollar Tree lease back to Toyama Partners, LLC. If counsel are aware of any documents listed on their privilege logs that bear upon these issues but were not identified in an obvious manner, Counsel also should produce those documents to the Court for in camera inspection.
Defendants shall submit two copies of each of these documents to the undersigned's chambers, located at 450 Golden Gate Avenue, 16th floor, San Francisco, California 94102, on or before December 2, 2011.
NANDOR J. VADAS
United States Magistrate Judge