Lopez v. Harley-Davidson, Inc.

Summary

The United States District Court for the Northern District of California resolves a discovery dispute concerning Harley-Davidson’s deposition subpoena to Plaintiff’s counsel regarding efforts to preserve a motorcycle at issue in the litigation. The Court declines to require compliance with the subpoena at this time and instead directs the parties to establish a deadline and scope for a declaration describing the preservation efforts and destruction circumstances, with possible follow-up discovery.

Holdings

1. Walkup, Melodia, Kelly & Schoenberger need not comply with Harley-Davidson's deposition subpoena at that time.
2. A declaration may provide suitable evidence to address concerns about the preservation and collection of evidence, although gaps in the declaration may support further inquiry.

Questions Presented

1. Whether Harley-Davidson should be permitted to proceed immediately with a deposition subpoena directed to plaintiffs' counsel concerning preservation and destruction of the motorcycle.
2. Whether a detailed declaration concerning the law firm's preservation efforts and the circumstances of the motorcycle's destruction would be an appropriate initial means of addressing the asserted spoliation concerns.
3. What procedure should govern any request for supplemental discovery, including a further declaration or deposition, after the declaration is provided.

Disposition

other