Case No. 17-CV-00184-WHA

[PROPOSED] ORDER REGARDING ALLSTATE’S REQUEST FOR PRODUCTION OF 

RECORDED CALLS 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JOHN C. ETTER, individually and as the 

representative of a class of similarly-situated 

persons, 

Plaintiff, 

v. 

ALLSTATE INSURANCE COMPANY, 

ALLSTATE INDEMNITY COMPANY, 

ALLSTATE PROPERTY AND CASUALTY 

INSURANCE COMPANY, ALLSTATE 

NORTH BROOK INDEMNITY COMPANY, 

ALLSTATE INSURANCE COMPANY OF 

CALIFORNIA, LOUIS ODAISE and JOHN 

DOES 1-5, 

Defendants. 

Case No. 17-CV-00184-WHA 

[PROPOSED] ORDER REGARDING 

ALLSTATE’S REQUEST FOR 

PRODUCTION OF RECORDED 

CALLS

District Judge: Hon. William Alsup 

Courtroom: 12, 19th Floor 

Complaint Filed: January 13, 2017 

Trial Date: June 4, 2018 

Hearing: February 26, 2018 

Time: 11:00 a.m. 

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 -1- Case No. 17-CV-00184-WHA 

[PROPOSED] ORDER REGARDING ALLSTATE’S REQUEST FOR PRODUCTION OF 

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ORDER

Pursuant to the Order Setting Hearing Re Defendants’ Discovery Dispute (Dkt. No. 97), the 

parties conducted a meet-and-confer in the Court’s jury room on February 26, 2018 from 9:00 a.m. 

to 11:00 a.m., following which the Court conducted a hearing. Ryan Kelly appeared on behalf of 

Plaintiff; Meryl Maneker and Kirsten Gallacher appeared on behalf of the Allstate Defendants; and 

Brandon Kahoush and Gina Huettel appeared on behalf of Defendant Odiase. 

IT IS HEREBY ORDERED: 

1. Plaintiff shall produce all recorded calls from January 2016 to October 10, 2016, 

except for those calls subject to attorney-client privilege. Plaintiff will complete this production and 

provide the requisite privilege log by March 12, 2018. 

2. Plaintiff’s Counsel will conduct a privilege review of all calls recorded from January 

2016 to October 10, 2016. As set forth in the hearing, the actual time spent to conduct this review 

will be paid by Allstate subject to a maximum of 12 hours in attorney time at a billing rate for Mr. 

Kelly of $600 per hour. Only costs for time actually used is recoverable, and Plaintiff’s Counsel 

must keep adequate records to justify any time billed. 

3. At the time of production, Plaintiff must provide a privilege log identifying any call 

withheld on grounds that it is subject to a claim of attorney-client privilege. The privilege log must 

comply with Federal Rule of Civil Procedure 26(b)(5) and paragraph 18 of this Court’s 

Supplemental Order To Order Setting Initial Case Management Conference in Civil Cases Before 

Judge William Alsup. 

4. In the event that a recorded call subject to a claim of attorney-client privilege is 

inadvertently produced by Plaintiff, Allstate will immediately stop listening and promptly notify 

Plaintiff’s Counsel. Allstate will further return or destroy the privileged call in accordance with 

instructions from Plaintiff’s Counsel. 

5. Following Plaintiff’s production of the calls and upon Allstate’s review of the 

production, Allstate will identify to Plaintiff any calls from Defendant Odiase. 

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[PROPOSED] ORDER REGARDING ALLSTATE’S REQUEST FOR PRODUCTION OF 

RECORDED CALLS 

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6. The third-party subpoena for records served by Allstate on SITA Laboratories dba 

Callcap is on hold until production of the recordings from Plaintiff. Allstate confirms that Callcap 

has been notified of this status. 

7. Plaintiff’s Motion to Quash Allstate’s Subpoena to Callcap (Dkt. No. 98) is also 

stayed, and no further briefing is necessary, until further order of this Court, to follow Plaintiff’s 

production of the calls in accordance with this Order. 

IT IS SO ORDERED. 

Dated:_________________ ______________________________ 

Honorable William Alsup 

U.S. District Court Judge 

February 28, 2018.

Case 3:17-cv-00184-WHA Document 114 Filed 02/28/18 Page 3 of 3