Khan v. ChargePoint Holdings, Inc. et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FAROOQ KHAN,
Plaintiff,
v.
CHARGEPOINT HOLDINGS, INC., et al.,
Defendants.
Case No. 23-cv-06172-NW 	(SVK)
ORDER SETTING DISCOVERY
HEARING
Re: Dkt. No. 171
Before the Court is the Parties’ Joint Discovery Submission pursuant to which Defendants
seek to quash subpoenas for documents and a deposition served on third party Rachel Larrenaga.
Dkt. 171. Ms. Larrenaga is a former Vice-President and Legal Counsel for Defendant
ChargePoint. She was terminated in June 2021 and subsequently sued the ChargePoint for
wrongful termination. The disputed document subpoena seeks documents from Ms. Larrenaga’s
suit against ChargePoint and other documents in her possession regarding “channel stuffing,” a
key allegation in this putative class action. Defendants move to quash, pointing to an identical
request served directly on them, as well as production issues arising out of a state protective order
and potential claims of privilege.
The Court has reviewed the Parties’ submission, as well as the operative Third Amended
Complaint in which Plaintiffs allege facts tying Ms. Larrenaga’s role at and subsequent litigation
against Chargepoint to their underlying action. It appears that at least a limited production would
be relevant and proportional. However, it is unclear from the Joint Submission if Ms. Larrenaga
has any responsive documents in her possession. Defendants state, however, that they have
responsive documents in their possession. Dkt. 171 at 4. Unfortunately, neither side provides a
coherent plan for proceeding with a production or deposition of appropriate scope or production of
a privilege log. The Court will benefit from hearing from counsel of record in this action, as well
Case 5:23-cv-06172-NW Document 172 Filed 09/14/26 Page 1 of 2

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United States District Court
Northern District of California
as Ms. Larrenaga’s attorney, Sarah R. Nichols, to whom the subpoenas were directed on Ms.
Larrenaga’s behalf. Dkt. 171-1. Accordingly, the Court ORDERS as follows:
This matter is set for a video discovery hearing on September 23, 2026 at 1:30 p.m.
 	Counsel for Plaintiffs will immediately serve a copy of this Order on Ms. Nichols.
 	Counsel appearing for Plaintiffs and Defendants in this matter must have personal
knowledge of the Parties’ negotiations to date regarding the subpoenas as well as the
related requests directed to Defendants;
 	Counsel appearing for Plaintiffs and Defendants in this matter must have full authority to
negotiate and compromise the scope and timing of the pending subpoenas should
production and deposition be ordered.
 	Counsel are to meet and confer immediately regarding the scope of the subpoenas in an
effort to negotiate a timely compromise. If a resolution is reached, inform the Court no
later than 12 noon on September 21, 2026.
SO ORDERED.
Dated: September 14, 2026
SUSAN VAN KEULEN
United States Magistrate Judge
Case 5:23-cv-06172-NW Document 172 Filed 09/14/26 Page 2 of 2