Judge: Loren G. Freestone, Case: 37-2022-00028715-CU-OE-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 08, 2023

11/09/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other employment Discovery Hearing 37-2022-00028715-CU-OE-CTL BOGDAS VS COXCOM LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiffs Jonathan Bogdas and Francisco Gonzalez's motion to compel the immediate entry of its proposed ESI protocol is DENIED.

Both parties' objections are overruled.

Plaintiffs have not established good cause for the entry of their proposed ESI protocol, which includes granting a third-party direct access to Cox's network data and allowing it to retrieve/host the emails of all 900 putative class members. The declaration of Cox's Director of eDiscovery Technical Support (Ray Payne) explains security issues and undue burden/cost associated with that approach, and it is more persuasive than the declaration by the ArcherHall Practice Leader (Wolfgang Wilke).

Cox's alternative proposal is reasonable. Consistent with that proposal, Cox shall produce the 80,000 emails identified by applying Plaintiffs' most recent proposed search terms to the emails/data of the random 100-supervisor sample as proposed by Cox.

This order is without prejudice to Plaintiffs' renewing their motion at a later time if they can demonstrate that the data sample Cox produces is insufficient under the circumstances of this case.

As the motion is denied, Plaintiffs' request for sanctions is also denied.

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