In Apothio, LLC v. Youngblood, 2025 WL 2896352 (E.D. Cal. Oct. 10, 2025), Magistrate Judge Christopher D. Baker resolved multiple disputes arising from the parties’ ongoing disagreements over ESI protocol compliance and discovery obligations. The litigation involves Apothio’s challenge to the Kern County defendants’ actions and the adequacy of their document-production practices.
Apothio argued that defendants violated a court-ordered ESI protocol by refusing to disclose search terms, custodians, and hit reports, despite Paragraph 5 requiring this information “upon request.” Defendants claimed they did not object to compliance but sought clarification of the term “hit report” and requested that the requirements apply equally to all parties. The court held that parties are entitled to discovery concerning an adversary’s search methodology and ordered both sides to exchange search terms, custodians, and corresponding hit reports. Judge Baker declined to further define “hit report” or “families,” finding the terms commonly understood in ESI practice.
The court also addressed Apothio’s contention that defendants waived attorney-client and work-product objections by failing to provide a privilege log in their amended RFP responses. Defendants asserted they had withdrawn privilege objections for the disputed RFPs, but Apothio maintained that privilege objections remained in other responses. Judge Baker clarified that for any RFP where defendants assert privilege, they must state whether responsive documents are being withheld and must produce a compliant privilege log; otherwise, documents cannot be withheld on privilege grounds.
Judge Baker ordered the parties to exchange the required ESI information and directed defendants to serve amended RFP responses and privilege logs within ten days. The ruling reinforces that courts expect strict adherence to ESI protocols, transparency regarding collection and search processes, and proper logging of any privilege assertions.
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