TimesLines, Inc v. Facebook, Inc.

Filing 44

MOTION by Plaintiff TimesLines, Inc for protective order (Attachments: # 1 Exhibit s A - B)(Hultquist, James)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TIMELINES, INC., Plaintiff, v. FACEBOOK, INC., Defendant. ) ) ) ) ) ) ) ) ) Civil Action No.: 11 CV 6867 Jury Trial Demanded PLAINTIFF TIMELINES, INC.’S MOTION FOR ENTRY OF PROTECTIVE ORDER Plaintiff, Timelines, Inc. (“Timelines”), through its counsel, moves for entry of a protective order in this case. In support of this motion, Timelines explains as follows: Basis for Motion Both Timelines and Defendant Facebook, Inc. have confidential business information that is the subject of discovery in the case. And both parties want to protect this information from public disclosure. In fact, Facebook has expressly noted as much in its written discovery responses; and, on that basis, has withheld requested documentation until “the entry of, and subject to, an appropriate protective order governing the unauthorized use or disclosure of such information or documents.” (E.g., Defendant Facebook, Inc.’s Objections and Responses to Plaintiff Timelines, Inc.’s First Set of Document Requests at p. 2, attached hereto as Exhibit A.) To that end, on January 4, 2012, when the parties held their initial Rule 26(f) discovery conference, Facebook’s counsel agreed that a protective order should be agreed to and entered and that Facebook had a form from prior litigation to share, but it never shared the form despite follow-on requests. Thus, on March 20, 2012, Timelines’ counsel sent Facebook’s counsel a proposed Protective Order for entry in the case. (This Protective Order is attached hereto as Exhibit B.) Timelines has waited almost three weeks for a substantive response to the Protective Order, but to no avail. After nearly a week passed without word from Facebook, Timelines’ counsel left a few voicemail messages for Facebook’s counsel on March 26 and 27, 2012. Facebook’s counsel responded with a voicemail message on the afternoon of March 27, 2012 and advised Timelines’ counsel to expect a call from another Facebook lawyer, who was reviewing the Protective Order, on March 28, 2012. Without word on March 28, 2012, Timelines’ counsel received a voicemail from Facebook’s counsel on the evening of March 29, 2012. Timelines’ counsel returned the call on March 30, 2012. During the parties’ March 30, 2012 exchange, Facebook’s counsel promised to provide proposed revisions to the Protective Order later in the day on March 30, 2102 or, at the latest, early the following week (of April 2, 2012). But Timelines’ counsel has heard nothing more since the afternoon of March 30, 2012. In an effort to proceed with the parties’ document production without any further delay, Timelines moves for entry of this Protective Order. Based on Facebook’s previous representations, Timelines expected that this Protective Order (or some variation thereof) would have been entered by now so that the parties could have exchanged document productions in advance of the settlement conference set before Magistrate Judge Nolan on April 17, 2012. But, due to Facebook’s delay, this is not likely to happen. -2- WHEREFORE, Timelines moves for entry of this Protective Order and any further relief as the Court deems just and appropriate. Dated: April 9, 2012 Respectfully submitted, TIMELINES, INC. By: /s/ Douglas A. Albritton One of its Attorneys James T. Hultquist (#6204320) Douglas Alan Albritton (#6228734) Raven Moore (#6280665) REED SMITH LLP 10 South Wacker Drive, 40th Floor Chicago, Illinois 60606-7507 (312) 207-1000 (312) 207-6400 (facsimile) jhultquist@reedsmith.com dalbritton@reedsmith.com rmoore@reedsmith.com -3- CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that he filed the foregoing Plaintiff Timelines, Inc.’s Motion for Entry of Protective Order by means of the Court’s CM/ECF System, which causes a true and correct copy of the same to be served electronically on all CM/ECF registered counsel of record, on April 9, 2012. /s/ Douglas A. Albritton Douglas A. Albritton -4-