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N.D. Cal.Procedural orderFiled Aug. 13, 2024

Yu v. ByteDance Inc.

Judge
Susan Illston
Docket
3:23-cv-04910
Court
U.S. District Court · Northern District of California
Pages
3
DiscoveryCivil Procedure
In one sentence

In Yu v. ByteDance, Judge Illston ruled on six discovery disputes before a trial about allegedly forged employment-agreement signatures.

Who this affects

Yintao Yu and ByteDance Inc.; the order also concerns subpoenaed materials from Sutter Health and communications sought from Slack.

What happened

In Yu v. ByteDance Inc., the court addressed six discovery disputes before a trial limited to whether Yintao Yu signed employment agreements containing arbitration clauses or whether his signatures were forged.

The court partly granted ByteDance Inc.’s request for documents bearing Yu’s signature and ordered Yu to request copies of certain official documents. It denied requests to examine Yu’s iPhone, obtain an unredacted declaration and communications from an anonymous declarant, and obtain agreements signed by other California employees. It partly granted Yu’s request concerning a subpoena to Sutter Health, requiring private medical information to be redacted. The excerpt does not show the disposition word for Yu’s motion concerning Slack and Lark documents, but it ordered ByteDance to request specified Slack communications and found that no further Lark documents were required.

Judge Susan Illston entered the discovery order on August 13, 2024, addressing the parties’ requests in light of the discovery cutoff and the scheduled trial.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Yu v. ByteDance Inc. · No. 3:23-cv-04910
Judge
Susan Illston
Date
Aug. 13, 2024

Background

The parties submitted six discovery disputes. The court reviewed their joint and separate letter briefs, a deposition transcript, and exhibits from Yintao Yu’s deposition. Fact discovery had ended on August 1, and trial was scheduled for November 18, 2024. The court stated that trial would be limited to whether Yu signed employment agreements containing arbitration clauses or whether his signatures on those documents were forgeries.

Rulings

1. Docket No. 111 — documents bearing Yu’s signature. ByteDance Inc.’s motion to compel production of documents reflecting Yu’s signature was granted in part. Yu had produced two documents but had not produced, among other items, copies of driver’s licenses, passports, or tax returns. The court found that Yu had control over official documents bearing his signature and ordered him to request copies of passports valid during 2016–2017. He was required to submit those requests by August 15, 2024.

2. Docket No. 113 — forensic examination of Yu’s iPhone. ByteDance Inc.’s request was denied. The court found that the intrusive and broad discovery was not warranted, particularly given the case’s limited focus.

3. Docket No. 114 — anonymous declarant and sanctions. ByteDance Inc.’s request for an unredacted copy of the anonymous declarant’s declaration, communications with that declarant, and sanctions was denied. The court agreed that ByteDance Inc. could have questioned Yu about his interactions with the declarant during his deposition or through written questions but had not done so. The court also declined to order production of privileged mediation documents or allow further discovery after the cutoff.

4. Docket No. 115 — subpoena to Sutter Health. Yu’s motion to quash the subpoena was granted in part. The court found that documents containing Yu’s signature were relevant but private medical information was not. Yu’s counsel was ordered to review Sutter Health’s production and redact private medical information before ByteDance Inc. reviewed the documents. If the documents contained an arbitration agreement, that agreement also had to be produced. The court agreed that the existence of such an agreement was not necessarily inconsistent with Yu’s deposition testimony.

5. Docket No. 118 — agreements for other California employees. Yu’s motion to compel production of ECIAA agreements for California employees was denied. The court found that Yu had not shown why agreements signed by other employees were relevant to whether his signature on the ECIAA was forged.

6. Docket No. 119 — Slack and Lark documents. The provided opinion text is incomplete at the point where it states the disposition of Yu’s motion. The court found that a request for all communications between Yu and ByteDance Inc. on Lark was overbroad and not proportional to the limited issue in the case, and it required no further Lark documents. The court found Slack communications about Yu’s onboarding relevant and ordered ByteDance Inc. to request those communications from Slack under the parties’ existing electronic-discovery protocol by August 15, 2024.

Effect of the Order

The order resolved discovery requests; it did not decide whether Yu signed the employment agreements or whether his signatures were forged. The order is signed by Susan Illston, United States District Judge.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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