California Restaurant Association v. City of Berkeley

Background

The parties submitted a discovery letter concerning Berkeley’s request for permission to obtain early discovery identifying any California Restaurant Association members seeking to open a restaurant allegedly subject to Berkeley’s Natural Gas Infrastructure Ordinance. The request was made before the parties’ conference under Federal Rule of Civil Procedure 26(f), and the opinion states that no operative complaint had yet been filed.

The association opposed the request as premature and argued that Berkeley had not shown good cause. The court explained that early discovery before the Rule 26(f) conference may be authorized for the parties’ or witnesses’ convenience and in the interests of justice, but courts generally require good cause. Good cause may exist when the need for expedited discovery, considering the administration of justice, outweighs prejudice to the responding party.

Court’s Analysis

The court found Berkeley’s request premature and concluded that Berkeley had not shown good cause for discovery at that stage. The court noted that, as discussed at an earlier motion hearing and conceded by the association, Berkeley would be entitled to the membership information during the normal course of discovery.

The court also relied on Ninth Circuit authority stating that a plaintiff association need not identify an affected member in its complaint. The court considered this especially relevant because Berkeley’s prior and anticipated motions to dismiss were facial challenges to the association’s standing. For a facial standing challenge, the jurisdictional issue is confined to the allegations in the complaint.

Disposition

The court denied Berkeley’s request in the discovery letter for permission to conduct early discovery concerning the association’s members. The order terminated Docket Number 44.