Michele Metcalf v. Transperfect Global Inc.

Background

This post-conference order addressed discovery, a protective order, amendment of a protective order, and motions to seal. The court extended the deadline for fact discovery to January 31, 2025. It also directed the parties to meet and confer about identifying a fact witness who could testify about the duties of class members across different departments at TransPerfect.

Discovery rulings

Regarding the plaintiffs’ proposed search terms for Phil Shawe’s emails, the court ordered TransPerfect, to the extent it had not already produced relevant emails from each manager or department head, to run the search terms discussed at the conference in emails between Shawe and those managers or department heads. The court denied the plaintiffs’ request to require a search using all 167 proposed search terms because that request was not proportional to the needs of the case.

The court granted TransPerfect’s request for a protective order preventing the deposition of its chief information officer, Yu-Kai Ng. The court found that the proposed deposition concerned discovery about discovery regarding TransPerfect’s alleged failure to preserve evidence relating to Project A. It also stated that Project A data was incomplete and was not a useful indicator of hours worked compared with other data the plaintiffs had received. The court stated that it would not entertain a spoliation motion concerning Project A.

The court granted the plaintiffs’ request to amend the protective order as modified by the court and explained at the conference. It stated that it would issue a separate order containing the specific amendment language. If the parties could not agree about referencing particular confidential documents in the plaintiffs’ anticipated arbitration demands, the plaintiffs could file a letter and submit the confidential documents under seal by November 22, 2024, for a ruling on confidentiality.

Sealing and scheduling

The court denied the plaintiffs’ motions to seal at ECF Nos. 338 and 346 because they did not meet the sealing standard under Lugosch v. Pyramid Co. of Onondaga. It directed the Clerk of Court to unseal the documents at ECF Nos. 339 and 347 and to terminate the motions listed at ECF Nos. 338, 339, 340, 341, 343, and 346.

The court scheduled oral argument on the motion for partial summary judgment and the cross-motion for January 15, 2025, at 11:00 a.m. in Courtroom 17-D. Judge Katharine H. Parker signed the order as a United States Magistrate Judge.