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 records implicate Plaintiffs’ privacy interests. Such records can nonetheless be ordered disclosed based on a specific showing of relevance. See, e.g., id. at *2. A. Freshfields Subpoena Defendant seeks from Ms. William’s former employer (1) her personnel file and communications about her job performance, and (2) documents and communications about the decision to classify her as a 2011 instead of a 2010. Communications about Ms. William’s job performance and Freshfield’s classification decision are relevant to a claim and defense in this action as Plaintiff’s performance and…