California Restaurant Association v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 CALIFORNIA RESTAURANT ASSOCIATION, Case No. 4:19-cv-07668-YGR

Plaintiff, ORDER DENYING DISCOVERY LETTER RE:

EARLY DISCOVERY

vs. Re: Dkt. No. 44 CITY OF BERKELEY, Defendant.

11 On August 5, 2020, the parties filed a discovery letter. (Dkt. No. 44.) In the discovery letter, defendant City of Berkeley (“Berkeley”) requests leave to allow early discovery of the identity of any of plaintiff California Restaurant Association’s (“CRA”) members seeking to open a restaurant that is allegedly subject to Berkeley’s Natural Gas Infrastructure Ordinance. CRA opposes the request: CRA avers that Berkeley’s request is premature where there is no operative complaint yet on file, and Berkeley has not provided good cause to allow discovery prior to the Rule 26(f) conference. Having reviewed the discovery letter and the record in this matter, the Court agrees that Berkeley’s request is premature, and that Berkeley has not shown good cause to permit discovery at…