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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ABDUL NEVAREZ, et al.,

Plaintiffs,

v.

FORTY NINERS FOOTBALL 

COMPANY, LLC, et al.,

Defendants.

Case No. 16-cv-07013-LHK (SVK)

ORDER REGARDING THE PARTIES’

OCTOBER 19, 2018 JOINT 

DISCOVERY LETTER

Re: Dkt. No. 256

On October 19, 2018, the Parties submitted a joint discovery letter regarding the 

sufficiency of Defendants’ responses to four of Plaintiffs’ interrogatories and the sufficiency of 

Defendants’ production of ticketing information from the Archtics ticketing database. ECF 256. 

The Court held a discovery hearing on October 24, 2018, and for the reasons stated during the 

hearing ORDERS as follows. 

• The Court DENIES Plaintiffs’ request to compel Defendants to produce the Archtics 

database. However, Defendants SHALL, by October 31, 2018, produce an updated 

version of the Attendance Excel Spreadsheet/Archtics List (“Spreadsheet”). The 

Spreadsheet shall be updated regarding both people and events as discussed at the hearing. 

It shall include: (1) persons for whom Defendants were able to make an “indirect” match to 

either a name or residence address, as described at the hearing; (2) persons who opted-out 

of the original Belaire notice, whether identified by a direct or indirect match; (3) persons 

who purchased accessible tickets for an event at Levi Stadium from October 2017 to 

October 2018, whether identified by direct or indirect match; and (4) persons who 
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United States District Court

Northern District of California

submitted “Gold Cards” to Defendants,

1 whether identified by direct or indirect match. 

Defendants must also update the Spreadsheet to include all events in the Archtics database 

at Levi’s Stadium through the present. Defendants shall continue to update the 

Spreadsheet every two (2) months until trial regarding new class members and events. 

• Interrogatory #4: Defendants SHALL, by October 31, 2018, provide an amended 

response to Interrogatory #4 and produce an updated Spreadsheet as described above. To 

the extent that Defendants rely on documents other than the updated Spreadsheet to 

respond to Interrogatory #4, such as Event Audit reports, Defendants must identify those 

documents by Bates number or other specific identifier. 

• Interrogatory #5: Defendants SHALL, by October 31, 2018, provide an amended 

response to Interrogatory #5 that answers the question, either directly or by identifying 

specific documents, as to the number of wheelchair tickets released for sale during the 

injunctive relief period, and on what dates said releases occurred. Defendants shall also 

produce “Change Journal” reports and identify those reports by Bates number or other 

specific identifier. 

• Interrogatories #24 and #25: As noted above, by October 31, 2018, Defendants SHALL

amend their responses to these interrogatories and the Spreadsheet to include persons who 

opted out of the Belaire notice. 

SO ORDERED.

Dated: October 25, 2018

SUSAN VAN KEULEN

United States Magistrate Judge

 

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See ECF 231