Zhou

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANBANG GROUP HOLDINGS CO. Case No. 23-cv-00998-VC (TSH) LIMITED, et al., 8 Plaintiffs, DISCOVERY ORDER 9 v. Re: Dkt. No. 176 10 HAIBIN ZHOU, et al., 11 Defendants. 12 13 Plaintiffs move to compel the production of documents and testimony from non-party 14 Steven Nielsen pursuant to the crime-fraud exception to the attorney-client privilege and attorney 15 work product doctrine. ECF No. 176. 16 To establish that outright disclosure is warranted under the crime-fraud exception, the 17 party seeking disclosure must establish that (1) “the client was engaged in or planning a criminal 18 or fraudulent scheme when it sought the advice of counsel to further the scheme[;]” and (2) “the 19 attorney-client communications for which production is sought are sufficiently related to and were 20 made in furtherance of [the] intended, or present, continuing illegality.” In re Napster, Inc. 21 Copyright Litig., 479 F.3d 1078, 1090 (9th Cir. 2007) (abrogated on other grounds) (quotation 22 marks omitted,…