William

DISCUSSION

22 Federal Rule of Civil Procedure 45(d)(3)(A)(iii) requires a court to quash a non-party 23 subpoena that “requires the disclosure of privileged or other protected matter, if no exception or 24 waiver applies[.]” Plaintiffs, as the parties objecting to the subpoenas, bear the burden of showing 25 that Defendant should not be permitted to obtain the sought-after discovery. Botta v. 26 PricewaterhouseCoopers LLP, 2018 WL 6257459 at *1 (N.D. Cal. Nov. 30, 2018). 27 As a preliminary matter, there can be no dispute that personnel and other employment 1 records implicate Plaintiffs’ privacy interests. Such records can nonetheless be ordered disclosed 2 based on a specific showing of relevance. See, e.g., id. at *2. 3 A. Freshfields Subpoena 4 Defendant seeks from Ms. William’s former employer (1) her personnel file and 5 communications about her job performance, and (2) documents and communications about the 6 decision to classify her as a 2011 instead of a 2010. Communications about Ms. William’s job 7 performance and Freshfield’s classification decision are relevant to a claim and defense in this 8 action as Plaintiff’s performance and…