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Plaintiff ordered to produce tax returns and unredacted cell phone records on refusals motion.
The defendant in a wrongful dismissal action brought a refusals motion seeking production of the plaintiff's 2019 income tax return, unredacted cell phone records, and leave for further oral discovery.
The court ordered production of the tax return, finding it relevant to the plaintiff's pleading of inducement.
The court also ordered production of the unredacted cell phone records, holding that the redacted information was not highly sensitive and was potentially relevant to the defendant's after-acquired cause allegations.
Finally, the court granted the defendant an additional 90 minutes of oral discovery to ask follow-up questions arising from undertakings and improper refusals.
Securities class action certified for secondary market and negligent misrepresentation claims; primary market claims and aggregate damages denied.
The plaintiffs brought a motion for certification of a class proceeding against Barrick Gold Corporation and its officers/directors for alleged misrepresentations regarding a mining project in South America.
The court certified the secondary market claims under the Securities Act and the common law negligent misrepresentation claims, but amended the class definitions and common issues to reflect prior leave decisions.
The court declined to certify the primary market claims, finding a class proceeding was not the preferable procedure for a class of two institutional investors.
The court also declined to certify common issues for aggregate damages due to a lack of expert methodology.
The plaintiffs were awarded $2.75 million in costs for the prior leave motions.
