Bartick, David H., United States Magistrate Judge
In a class action suit alleging violations of the California Invasion of Privacy Act, the court granted plaintiff’s motion to compel because defendant failed to timely produce ESI. The court also held that defendant was not required to extract data from its SpaSoft reservation system because it violated the Federal Rule of Civil Procedure’s proportionality standards.
The plaintiff-class alleged that defendants unlawfully recorded telephone calls without their consent in violation of the Privacy Act. After a lengthy meet and confer process and numerous extended deadlines, the plaintiff-class motioned to compel defendant to produce audio recordings of any telephone calls made during the class period and information about its call system. Defendant agreed to produce all audio recordings in its possession and the metadata of its call system, which contained a “record of all inbound and outbound calls, and include[d] customer phone number, agent number an name, and the date, time and duration of each call.” The court ordered defendant to produce all audio recordings in its possession and all of the metadata of its call system.
The plaintiff also sought information about defendant’s “SpaSoft reservation system.” The defendant did not possess a “data dictionary” for the SpaSoft reservation system, and could not extract the requested data. However, defendant was able to retrieve information from its room reservation system and its dining reservation system, and provided that information. The court held that under Rule 26 of the Federal Rules of Civil Procedure “the burden on the defendant to extract the spa reservation data outweighs its likely benefit at this stage in the litigation.” The court also encouraged the defendants to continue its data extraction efforts.
v.
NEVADA PROPERTY 1 LLC, a Delaware limited liability company dba The Cosmopolitan Hotel of Las Vegas; DOES 1-50, inclusive, Defendants
Counsel
James F. Clapp, James T. Hannink, Zachariah Paul Dostart, Dostart Clapp & Coveney, LLP, San Diego, CA, for Plaintiff.Allen P. Lohse, Angela C. Agrusa, Liner LLP, Los Angeles, CA, for Defendants.