In Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236 (N.D. Cal. Dec. 10, 2015), the district court denied a motion to compel a corporate litigant to produce emails from its employees’ personal email accounts. The court cited Ninth Circuit precedent, In re Citric Acid Litig., 191 F.3d 1090 (9th Cir. 1999), to the effect that “[d]ocuments are not discoverable under Rule 34 if the [non-party] that holds them ‘could legally – and without breaching any contract – continue to refuse to turn over such documents.’” The court concluded that the requesting party in this case had not “identified any authority under which [the corporate party] could force employees to turn [the personal email accounts] over.” The court therefore found that it would be “futile” to order the employer to produce the employees’ personal emails because the employer “does not have the legal right to obtain” them.