DNA Sports Performance Lab, Inc. v. Major League Baseball

1 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 DNA SPORTS PERFORMANCE LAB, INC., et al., 6 No. C 20-00546 WHA Plaintiffs, v. ORDER RE MOTION TO COMPEL 9 MAJOR LEAGUE BASEBALL, et al., APPELLANT TO PRODUCE Defendants. TRANSCRIPTS AND SANCTIONS a 12 Defendant-appellees move for an order compelling plaintiff-appellants to produce 13 requisite transcripts of the proceedings for their appeal (Dkt. No. 113). See FRAP 10; C.R. 10- v 14 3.1. When ruling on a motion to compel an appellant to order transcripts, this order considers 15 if the requested transcripts are necessary to the appeal or necessary for an informed analysis of 16 the parties’ positions, and other, relevant externalities, such as whether the party is pro se. See = 17 OneWest Bank, FSB y. Farrar, 19 F. Supp. 3d 1050, 1052-53 (D. Haw. 2014); C.R. 30-1.1.

18 Our court of appeals is in a better position to dictate the resolution of this procedural 19 issue: it has already denied defendants’ motion to dismiss the appeal for failure to prosecute; 20 there are open questions as to whether plaintiffs have representation in the appellate case (they 21 remain pro se in this Court); and if this order granted defendants’ broad request for transcripts, 22 plaintiffs (who have limited funds) may incur unnecessary expenses acquiring transcripts 23 unnecessary for the appeal. The motion at the district court is DENIED.

24 IT IS SO ORDERED.

25 Dated: July 14, 2021 | ( Pee 27 ~ ILLIAM ALSUP 28 UNITED STATES DISTRICT JUDGE