Perfect 10 Inc v. Google Inc et al

Filing 599

NOTICE OF LODGING filed by Google Inc. of (Proposed) Order Granting in Part Amazon.com, Inc. and Alexa Internet's Ex Parte Application for an Order Compelling Perfect 10, Inc. to Affix Production Numbers to its Production and to Reimburse Defendants for Costs and Request for a Telephonic Conference, and Google Inc.'s Joinder Therein re EX PARTE APPLICATION to Compel re: Perfect 10, Inc.: Defendant Google Inc.'s Joinder in Defendants Amazon.com, Inc. and Alexa Internet's Ex Parte Application for an Order Compelling Perfect 10, Inc. to Affix Production Numbers to its Product #596 (Attachments: #1 Proposed Order)(Herrick, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 599 Att. 1

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 054753 AHM (SHx)] [PROPOSED] ORDER GRANTING IN PART AMAZON.COM, INC. AND ALEXA INTERNET'S EX PARTE APPLICATION FOR AN ORDER COMPELLING PERFECT 10, INC. TO AFFIX PRODUCTION NUMBERS TO ITS PRODUCTION AND TO REIMBURSE DEFENDANTS FOR COSTS AND REQUEST FOR A TELEPHONIC CONFERENCE, AND GOOGLE INC.'S JOINDER THEREIN Hon. Stephen J. Hillman Date: Nove mber 3, 2009 Time: 10:00 AM Crtrm.: 550 Discovery Cutoff: None Set Pretrial Conference Date: None Set Trial Date: None Set

10 PERFECT 10, INC., a California corporation, 11 Plaintiff, 12 vs. 13 GOOGLE INC., a corporation; and 14 DOES 1 through 100, inclusive, 15 16 17 19 20 vs. Defendants. AND COUNTERCLAIM

PERFECT 10, INC., a California 18 corporation, Plaintiff,

21 AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and 22 DOES 1 through 100, inclusive, 23 24 25 26 27 28
01980.51320/3191675.1

Defendants.

[PROPOSED] ORDER GRANTING IN PART THE AMAZON DEFENDANTS' EX PARTE APPLICATION AND GOOGLE'S JOINDER THEREIN Dockets.Justia.com

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[PROPOSED] ORDER On November 3, 2009, the Court heard argument on various matters raised by

3 Amazon.com, Inc. and Alexa Internet's Ex Parte Application for an Order 4 Compelling Perfect 10, Inc. to Affix Production Numbers to its Production and to 5 Reimburse Defendants for Costs and Request for a Telephonic Conference (Docket 6 No. 355 in the Amazon case), Google Inc.'s Joinder Therein (Docket No. 596 in the 7 Google case), and Perfect 10, Inc.'s Oppositions Thereto. Having reviewed the 8 parties' submissions and heard the parties' oral argument thereon, the Court hereby 9 GRANTS in part the Ex Parte Application and Joinder Therein as follows: 10 1. Identification of Responsive Documents On Perfect 10's October 22, 11 2009 Hard Drive Document Production: Pursuant to Paragraph 4 of the Court's 12 Order dated October 6, 2009 (Docket No. 560), Perfect 10 was required to produce 13 documents responsive to 27 of Google's Requests for Production ("the 27 14 Compelled Requests"). Perfect 10 has represented that its October 22, 2009 15 document production (produced in hard drive format) contains some of the 16 documents it was ordered to produce, but these documents have not been clearly 17 marked and are intermingled with other voluminous non-responsive documents. 18 Accordingly, by November 30, 2009, Perfect 10 shall either: 19 (A) identify (by lowest-level folder or subfolder) the location of all 20 documents in its October 22, 2009 production that are responsive to each of the 27 21 Compelled Requests; or 22 (B) re-produce the October 22 hard drive production with all electronic 23 files organized in clearly labeled folders indicating to which of the 27 Compelled 24 Request(s) (if any) the documents in each folder are responsive. 25 2. Identification of Responsive Documents Contained In Perfect 10's 26 Earlier Document Productions: Perfect 10 also has represented that it produced 27 documents responsive to certain of the 27 Compelled Requests prior to October 22, 28 2009, but Perfect 10 has not identified the production date and location of such
01980.51320/3191675.1

[PROPOSED] ORDER GRANTING IN PART THE AMAZON DEFENDANTS' EX PARTE APPLICATION AND GOOGLE'S JOINDER THEREIN

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1 previously-produced documents. Accordingly, for all of Perfect 10's document 2 productions in this matter, by November 30, 2009 Perfect 10 shall either: 3 (A) specifically identify all previously produced documents that are 4 responsive to each of the 27 Compelled Requests. In the case of documents 5 previously produced on discs or hard drives, these can be identified by the lowest6 level folder or subfolder in which the documents are located on each produced hard 7 drive or disc; or 8 10 3. (B) re-produce on a single hard drive or disc the documents responsive Production of Documents re: Deposition of Bruce Hersh: Paragraph 3 9 to the 27 Compelled Requests. 11 of the Court's October 6 Order requires Perfect 10 to produce documents related to 12 the deposition of Perfect 10's accountant Bruce Hersh on or before November 9, 13 2009. Perfect 10 is ordered to produce those documents with unique control 14 numbers affixed to each page of that production. Perfect 10 shall not produce these 15 documents intermingled with other non-responsive documents, and is ordered to 16 produce them in a manner that clearly identifies them as responsive to the Court's 17 October 6 Order. 18 4. Bruce Hersh Deposition: To allow sufficient time for Defendants to 19 review the responsive documents, the parties have agreed (and the Court hereby 20 orders) that the deposition of Perfect 10's accountant Bruce Hersh shall be continued 21 to a mutually convenient date not earlier than December 21, 2009. 22 23 24 DATED: November___, 2009 25 26 27 28
01980.51320/3191675.1

IT IS SO ORDERED.

By

Hon. Stephen J. Hillman United States Magistrate Judge -2-

[PROPOSED] ORDER GRANTING IN PART THE AMAZON DEFENDANTS' EX PARTE APPLICATION AND GOOGLE'S JOINDER THEREIN