Deborah Howington, et al. v. Taiwan Semiconductor Manufacturing Co., Ltd., et al.

Summary

The United States District Court for the Northern District of California resolves plaintiffs’ motion to compel discovery from Taiwan Semiconductor Manufacturing Co., Ltd. The Court addresses non-custodial ESI, a disputed request for production, custodians and search terms for custodial ESI, and the timing of productions responsive to RFP 27. The Court orders further party conferral and requires a joint status report by February 24, 2026.

Holdings

1. As a general matter, the apex doctrine does not apply to document discovery; discovery from high-level custodians is instead governed by Federal Rule of Civil Procedure 26. A party seeking to avoid such discovery must show that it is unreasonably cumulative or duplicative, available from a more convenient source, or otherwise warrants protection under Rule 26.
2. The court denied plaintiffs' motion to compel production responsive to RFP 33 because the request was overbroad.
3. The parties were required to confer about the identified production gaps, and TSMC was required to investigate and remedy gaps where responsive data was available but had not been produced. For RFPs 16-19, aggregate numerical data, rather than individual-specific data, was sufficient.
4. TSMC's practice of producing large numbers of documents responsive to RFP 27 shortly before a witness's deposition prejudiced plaintiffs' ability to prepare. The parties were required to coordinate production so that substantially all responsive documents for each named plaintiff would be produced a reasonable time before that plaintiff's deposition.

Questions Presented

1. Whether TSMC was required to investigate and remedy identified gaps in its production of noncustodial ESI.
2. Whether plaintiffs' RFP 33 was sufficiently particularized to support an order compelling production.
3. Whether the apex doctrine categorically protected documents held by four high-level TSMC custodians from discovery.
4. What procedures were required concerning custodians, search terms, ESI review, and the timing of production responsive to RFP 27 before depositions.

Disposition

other