In re Google RTB Consumer Privacy Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE GOOGLE RTB CONSUMER Case No. 21-cv-02155-YGR (VKD)
PRIVACY LITIGATION
ORDER RE MARCH 29, 2022 DISPUTE
RE RULE 502(D) ORDER Re: Dkt. No. 177
12 The parties ask the Court to resolve a dispute concerning a proposed Federal Rule of Evidence 502(d) order. Dkt. No. 177. The parties have stipulated to most of the terms of the proposed order but disagree on one point: whether a receiving party may use the contents of a document clawed back as privileged to challenge the privilege asserted by the producing party. The Court finds this dispute suitable for resolution without oral argument. Civ. L.R. 7-1(b). For the reasons explained below, the Court adopts, in part, Google’s proposed text, and provides further direction for submission of a proposed 502(d) order. I. THE PROPOSED ORDER The parties’ dispute concerns the procedures that apply “in the event a producing party discovers that it produced…