In re Sandisk SSDs Litigation

Summary

The Northern District of California orders in camera review of eight documents involved in remaining privilege disputes in the litigation. The court directs the defendants to submit the documents by June 30, 2025, and permits each party to submit a letter brief or declarations addressing privilege, including whether California privilege law applies.

Holdings

1. The court ordered in camera review of the eight disputed documents or related document collections because review of the limited set would be the most efficient way to resolve the remaining privilege disputes and Defendants did not object.
2. If a party disputes that California law governs privilege, that party must address the issue in a letter brief; under Federal Rule of Evidence 501, state law governs privilege concerning a claim or defense for which state law supplies the rule of decision.

Questions Presented

1. Whether the court should conduct in camera review of the eight documents or related document collections remaining in dispute over Defendants' privilege assertions.
2. What law governs privilege if a party disputes that California law applies to the privilege issues.

Disposition

other