[PROPOSED] ORDER GRANTING IN PART AND DENYING ,13$57'()(1'$17¶6027,21

TO REOPEN DISCOVERY FOR LIMITED PURPOSES 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL 

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SANFORD M. CIPINKO, Esq., SBN 88102 

JEREMY CLOYD, Esq. SBN 239991 

LAW OFFICES OF SANFORD M. CIPINKO 

55 FRANCISCO STREET, SUITE 403 

SAN FRANCISCO, CA. 94133 

VOICE: (415) 693-9905 

FACSIMILE: (415) 693-9904 

Attorneys for Plaintiff 

ERIC SEDIE 

UNITED STATES DISTRICT COURT 

 FOR THE NORTHERN DISTRICT OF CALIFORNIA 

 SAN FRANCISCO DIVISION 

ERIC SEDIE, 

 Plaintiff, 

v. 

UNITED STATES POSTAL SERVICE. 

DOES 1 TO 50, inclusive, 

 Defendants. 

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CASE NO: C-08-4417 EDL 

[PROPOSED] ORDER GRANTING IN 

PART AND DENYING IN PART 

DEFENDANT UNITED STATES POSTAL 

6(59,&(¶6027,21725(23(1

DISCOVERY FOR LIMITED PURPOSES 

Date: December 22, 2009 

Time: 9:00 a.m. 

Courtroom: E 

'HIHQGDQW¶V0RWLRQWR5HRSHQ'LVFRYHU\IRU/LPLWHG3XUSRVHVFDPHEHIRUHWKLV

Court for hearing on shortened time on December 22, 2009 at 9:00 a.m. Having 

reviewed the moving, opposition and reply papers in connection with this matter, and 

considering the arguments of counsel, the Court orders that further fact discovery be 

allowed with regards to electronic documents regarding: the September 23, 2006 

VXEMHFWDFFLGHQWSODLQWLII¶VDFFLGHQW-UHODWHGPHGLFDOWUHDWPHQWDQGSODLQWLII¶V

participation or ability to participate in recreational or sporting activities. The discovery 

shall be allowed as follows: 

Case3:08-cv-04417-EDL Document106-1 Filed12/24/09 Page1 of 5 Case 3:08-cv-04417-EDL Document 126 Filed 01/04/10 Page 1 of 5
[PROPOSED] ORDER GRANTING IN PART AND DENYING ,13$57'()(1'$17¶6027,21

TO REOPEN DISCOVERY FOR LIMITED PURPOSES 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL 

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1. Defendant provided a list of third party vendors for the purpose of 

FRQGXFWLQJHOHFWURQLFVHDUFKHVRISODLQWLII¶VH-mail and on-line social networking 

websites such as Facebook and MySpace by close of business on December 22, 

2009. 

2. By close of business on December 23, 2009, the parties shall agree to a 

vendor for the purpose of conducting searches RISODLQWLII¶VH-mail and on-line social 

networking accounts. 

3. By 1:00 p.m. on December 24, 2009, the parties shall meet and confer 

and agree on search terms reasonably related to the VXEMHFWDFFLGHQWSODLQWLII¶V

accident-UHODWHGPHGLFDOWUHDWPHQWDQGSODLQWLII¶VSDUWLFLSDWLRQor ability to participate in 

recreational or sporting activities. 

4. By 1:00 p.m. on December 24, 2009, plaintiff shall provide to defendant a 

list of all his e-mail and social networking accounts such as Facebook and MySpace 

since September 23, 2006. 

5. Plaintiff shall promptly make his e-mail and social networking accounts 

such as Facebook and MySpace available to the agreed upon vendor by providing the 

third party vendor with login identifications and passwords for those internet accounts. 

6. The third party vendor shall promptly conduct non-destructive searches of 

internet accounts identified by plaintiff for documents containing the agreed upon 

search terms. The vendor shall collect and number all electronic documents containing 

the responsive search terms, including any photographs attached to the responsive 

documents. 7KHWKLUGSDUW\YHQGRUVKDOOQRWFROOHFWLQIRUPDWLRQIURPSODLQWLII¶VLQWHUQHW

accounts other than the responsive documents. The third party vendor shall retain a 

copy of the responsive documents until 60 days after judgment is entered and no 

appeal is taken at which time the vendor shall destroy the documents. 

7. The third party vendor shall promptly produce responsive documents 

REWDLQHGIURPWKHVHDUFKRISODLQWLII¶VH-mail and social networking accounts to 

Case3:08-cv-04417-EDL Document106-1 Filed12/24/09 Page2 of 5 Case 3:08-cv-04417-EDL Document 126 Filed 01/04/10 Page 2 of 5
[PROPOSED] ORDER GRANTING IN PART AND DENYING ,13$57'()(1'$17¶6027,21

TO REOPEN DISCOVERY FOR LIMITED PURPOSES 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL 

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SODLQWLII¶VFRXQVHORQOy. Plaintiff shall be entitled to change login and password 

information for his internet accounts once the vendor produces responsive documents 

WRSODLQWLII¶VFRXQVHOThe vendor shall not provide defendant with any information 

regarding or from plaintifI¶Vinternet accounts or with information necessary to access 

SODLQWLII¶VLQWHUQHWDFFRXQWV

8. 3ODLQWLII¶VYHUVLRQ3ODLQWLII¶VFRXQVHOVKDOOproduce to defendant in 

electronic format the documents collected by the third party vendor subject to privacy 

and/or privilege objections within 10 days of receipt of the documents from the third 

party vendor. Plaintiff has waived claims of privacy with regards to the claims made in 

this lawsuit but not claims of privacy unrelated to the claims made in this lawsuit. 

'HIHQGDQW¶VYHUVLRQ3ODLQWLII¶VFRXQVHOVKDOOSURGXFHWRGHIHQGDQWLQHOHFWURQLF

format the documents collected by the third party vendor subject to privacy and/or 

privilege objections within 10 days of receipt of the documents from the third party 

vendor. Plaintiff has waived claims of privacy with regards to the claims made in this 

lawsuit WKHUHIRUHSODLQWLII¶VFRXQVHO¶VSULYDF\UHYLHZLVOLPLWHGWRSULYDF\RIQRQparties.

9. At the time of production, plaintiff shall identify any documents that have 

been withheld or redacted in a privilege log specifying for each document or for each 

category of identically situated documents: the name, job title, or capacity of the author; 

the name, job title, or capacity of each recipient; the date the document was prepared 

and, if different, the date(s) on which it was sent to or shared with persons other than 

its author(s); the title and description of the document; the subject matter addressed in 

the document; the purpose(s) for which it was prepared or communicated; and the 

specific basis for the claim that it is privileged. 

10. Defendant shall be responsible for WKHWKLUGSDUW\YHQGRU¶VIHHVIRU

performing the work discussed in this order. 

Case3:08-cv-04417-EDL Document106-1 Filed12/24/09 Page3 of 5 Case 3:08-cv-04417-EDL Document 126 Filed 01/04/10 Page 3 of 5
[PROPOSED] ORDER GRANTING IN PART AND DENYING ,13$57'()(1'$17¶6027,21

TO REOPEN DISCOVERY FOR LIMITED PURPOSES 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL 

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11. 3ULRUWRWKHKHDULQJRQ'HIHQGDQW¶VMotion to Reopen Discovery, Plaintiff 

agreed to reappear for deposition for questioning about electronic documents produced 

after the close of fact discovery. Said deposition shall take place on a mutually 

agreeable date and time and be limited in scope to questioning regarding the electronic 

documents produced by Plaintiff after the close of fact discovery. 

12. 'HIHQGDQW¶VUHTXHVWto supplement expert reports is denied without 

prejudice. 

'HIHQGDQW¶V0RWLRQWR5HRSHQ'LVFRYHU\IRU/LPLWHG3XUSRVHVLVotherwise 

denied. 

IT IS SO ORDERED. 

DATED:_____________ 

By: 

 HON. ELIZABETH D. LAPORTE 

United States Magistrate Judge 

Case3:08-cv-04417-EDL Document106-1 Filed12/24/09 Page4 of 5

January 4, 2010

Case 3:08-cv-04417-EDL Document 126 Filed 01/04/10 Page 4 of 5
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