Federal Trade Commission v. Directv, Inc. et al

Northern District of California, cand-4:2015-cv-01129

Discovery Order re: {{127}} Discovery Letter Brief regarding FTC RFP 12 and 13. Signed by Judge Maria-Elena James on 4/4/2016.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 FEDERAL TRADE COMMISSION, 7 Case No. 15-cv-01129-HSG (MEJ) Plaintiff, 8 DISCOVERY ORDER v. 9 Re: Dkt. No. 127 DIRECTV, INC., et al., 10 Defendants. 11 12 Northern District of California United States District Court 13 On March 3, 2016, the parties filed a joint discovery dispute letter regarding the FTC's 14 Requests for Production No. 12 ("All consumer complaints regarding any of the Material Terms of 15 the Service.") and No. 13 ("All Documents relating to consumer complaints regarding any of the 16 Material Terms of the Service."). Dkt. No. 113. Having reviewed the parties' positions, the Court 17 found the FTC's requests relevant but overbroad and ordered the parties to further meet and confer 18 in an effort to narrow the scope of the requests. Dkt. No. 117. If unable to reach a resolution, the 19 Court ordered the parties to file an updated letter setting forth a summary of each party's final 20 substantive position and their final proposed compromise on each issue. 21 Unable to resolve these matters, the parties filed an updated letter on March 31, 2016. Dkt. 22 No. 127. Having reviewed the updated letter, the Court ORDERS as follows: 23 1) RFP No. 12 24 Although DIRECTV maintains its RIO system does not contain consumer complaints, the 25 FTC has shown that, at a minimum, it likely contains relevant information such as customers who 26 call DIRECTV to express concern about monthly cost increases. Accordingly, the Court finds the 27 FTC's proposal an appropriate compromise and therefore ORDERS DIRECTV to produce a 28 chronological list of RIO files since January 1, 2007 (the Complaint period) by April 11, 2016. 1 The FTC shall then select a random sample from that list, and DIRECTV shall produce the files 2 within 14 days of the selection. With regard to DIRECTV's concern for protecting consumers' 3 personal information, the FTC has stated it does not seek such information, and therefore 4 DIRECTV need not produce it. If DIRECTV seeks to produce consumers' personal information 5 in order to avoid the burden of redacting it, DIRECTV can do so under the safeguards of the 6 governing Protective Order, as indicated in the Court's March 8 Order. 7 2) RFP No. 13 8 Given that the FTC's search proposal could result in millions of documents, the Court 9 finds it reasonable for DIRECTV to instead produce the consumer complaint reports it uses to 10 track consumer complaints. DIRECTV shall produce these reports by April 11, 2016. If the FTC 11 still contends further production is required after review of these reports, the parties shall again 12 meet and confer in compliance with the undersigned's Discovery Standing Order. Northern District of California United States District Court 13 IT IS SO ORDERED. 14 15 Dated: April 4, 2016 16 ______________________________________ MARIA-ELENA JAMES 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2