govinfo:USCOURTS-cand-4_09-cv-05796-143

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF CALIFORNIA 
 
TODD ASHKER, et al., 
Plaintiffs, 
v. 
 
GAVIN NEWSOM, et al.,  
 
Defendants. 
 
 
Case No. 09-cv-05796 CW 
           
ORDER REQUIRING 
DEFENDANTS TO PRODUCE 
DOCUMENTS  
(Re: Dkt. No. 1698-2) 
 
 
Now before the Court is Plaintiffs’ motion for de novo review of the magistrate judge’s 
denial of three separate motions relating to Defendants’ alleged retaliation against a class member.  
See Docket No. 1698-2.  One of those motions was brought before the magistrate judge in the 
form of a letter brief in which Plaintiffs requested an order requiring Defendants to continue to 
produce certain documents pursuant to an order issued by this Court, see Docket No. 1118 at 10.  
The magistrate judge denied Plaintiffs’ request, see Docket No. 1695 at 2-3, and Plaintiffs now 
seek de novo review of that ruling on the ground that the documents at issue continue to be 
relevant to the alleged retaliation against the class member, Docket No. 1698-2 at 4 n.6. 
Paragraph 39 of the Settlement Agreement (SA) provides, “Any disputes regarding data 
and document production shall be submitted to [the magistrate judge] in accordance with the 
dispute resolution and enforcement procedures set forth in Paragraphs 52 and 53 below.”  See SA 
¶ 39, Docket No. 424-2.  Rulings issued by the magistrate judge under Paragraph 53 of the 
Settlement Agreement are subject to de novo review by this Court under 28 U.S.C. § 636(b)(1)(B).  
See id. ¶ 53.  
The Court agrees with Plaintiffs that the documents at issue are relevant to the resolution 
of pending motions relating to Defendants’ alleged retaliation against a class member.  Defendants 
Case 4:09-cv-05796-CW     Document 1716     Filed 10/17/22     Page 1 of 2
 
2 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
shall continue to produce documents pursuant to this Court’s order, Docket No. 1118 at 10, until 
relieved of that obligation upon a request to this Court.   
Within seven days of the date this order is filed, Defendants shall produce to Plaintiffs the 
documents that Plaintiffs requested in the letter brief, as well as any additional responsive 
documents that may have been created since the parties filed that letter brief. 
IT IS SO ORDERED. 
  
Dated:  October 17, 2022   
CLAUDIA WILKEN 
United States District Judge 
Case 4:09-cv-05796-CW     Document 1716     Filed 10/17/22     Page 2 of 2

Passage view · GavelSight