Perfect 10 Inc v. Google Inc et al

Filing 561

ORDER GRANTING IN PART GOOGLE INC.'S MOTION TO COMPEL PERFECT 10, INC. TO COMPLY WITH THE PROTECTIVE ORDER by Magistrate Judge Stephen J. Hillman: The Court HEREBY ORDERS that Google's Motion and Amazon.com and Alexa.com's Joinder Application is GRANTED IN PART, as follows: (See document for further details.) (pcl)

Perfect 10 Inc v. Google Inc et al

Doc. 561

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 054753 AHM (SHx)] ORDER GRANTING IN PART GOOGLE INC.'S MOTION TO COMPEL PERFECT 10, INC. TO COMPLY WITH THE PROTECTIVE ORDER Hon. Stephen J. Hillman Date: September 22, 2009 Time: 10:00 AM Crtrm.: 550 Discovery Cutoff: None Set Pretrial Conference Date: None Set Trial Date: None Set

11 PERFECT 10, INC., a California corporation, 12 Plaintiff, 13 vs. 14 GOOGLE INC., a corporation; and 15 DOES 1 through 100, inclusive, 16 17 18 20 21 vs. Defendants. AND COUNTERCLAIM

PERFECT 10, INC., a California 19 corporation, Plaintiff,

22 AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and 23 DOES 1 through 100, inclusive, 24 25 26 27
01980.51320/3120066.3

Defendants.

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ORDER GRANTING IN PART GOOGLE INC.'S MOTION TO COMPEL
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ORDER On September 22, 2009, the Court heard argument on various discovery

3 matters raised in Defendant Google Inc.'s Motion to Compel Perfect 10 (1) To 4 Produce Documents, (2) To Comply With The Protective Order, and (3) To Affix 5 Document Control Numbers To Its Document Production,1 including disputes 6 relating to whether Perfect 10 has complied with the Protective Order in designation 7 of documents and/or other information as "Confidential" under its terms. 8 Defendants Amazon.com and Alexa.com filed an application to join in that motion 9 (Joinder Application), Docket No. 346, supplemented in their letter to the Court 10 dated September 16, 2009. Having considered the parties' respective briefs and oral 11 argument, and good cause existing therefore, the Court HEREBY ORDERS that 12 Google's Motion and Amazon.com and Alexa.com's Joinder Application is 13 GRANTED IN PART, as follows: 14 15 16 17 18 19 20 21 22 23 24 At the September 22, 2009 hearing, the Court did not reach Issues II ­ VI 25 presented in the parties' Joint Stipulation On Google Inc.'s Motion to Compel Perfect 10 (1) To Produce Documents, (2) To Comply With The Protective Order, 26 and (3) To Affix Document Control Numbers To Its Document Production. Those 27 Issues will be taken up at a later date. This Order rules on Issues VII and VIII in the aforementioned Joint Stipulation. 28
01980.51320/3120066.3

1.

DMCA Notices are not Confidential within the meaning of the

Protective Order, and to the extent Perfect 10 has designated them as such, they are hereby ordered de-designated. 2. URLs at which allegedly infringing material may be found, and compilations thereof, are not Confidential within the meaning of the Protective Order and to the extent Perfect 10 has designated them as such, they are hereby ordered de-designated. All parties to the Google and Amazon cases may use documents containing such URLs and such documents for

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ORDER GRANTING IN PART GOOGLE INC.'S MOTION TO COMPEL

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purposes of this litigation (including publicly e-filing them, showing them to expert and percipient witnesses, and the like). 3. All documents produced by Perfect 10 in this litigation that are readily ascertained to be in the public domain (such as screenshots of public websites, newspaper articles, issues of Perfect 10 magazine and the like) are not Confidential within the meaning of the Protective Order and to the extent Perfect 10 has designated them as such, they are hereby ordered dedesignated. 4. If any defendant in the Google and Amazon cases publicly files documents containing large compilations of URLs at which allegedly infringing material may be located, Perfect 10 may subsequently move for an order to seal such URLs or such documents, which motion may be opposed by the Defendants at their option; the motion shall be ruled on by the judge with which it was filed. 5. No party or its counsel shall be deemed in violation of the Protective Order for its filing, disclosure or other use of a document produced in this litigation that is not individually marked as either Confidential or Highly confidential under the Protective Order, if it has a good faith belief that the materials are in or from the public domain. 6. This Order applies equally in both of the consolidated cases, and is a modification of the current Protective Order.

22 IT IS SO ORDERED. 23 DATED: October 6, 2009 24 25 26 27 28
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By

/S/
Hon. Stephen J. Hillman United States Magistrate Judge

ORDER GRANTING IN PART GOOGLE INC.'S MOTION TO COMPEL

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