UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Filing 606

Attachment 23
MEMORANDUM in Opposition to MOTION for Attorney Fees and Costs (REDACTED) 587 filed by Plaintiffs Songs of Universal, Inc., Universal-Polygram International Publishing, Inc., Rondor Music International, Inc., Universal Music - MGB NA LLC, UMG Recordings, Inc., Universal Music - Z Tunes LLC, Universal Music - MBG Music Publishing Ltd., Universal Music Corp.. (Attachments: # 1 Declaration of Brian D. Ledahl in Support of UMG's Opposition, # 2 Exhibit A to Ledahl Decl., # 3 Exhibit B to Ledahl Decl., # 4 Exhibit C to Ledahl Decl., # 5 Exhibit D to Ledahl Decl., # 6 Exhibit E to Ledahl Decl., # 7 Exhibit F to Ledahl Decl., # 8 Exhibit G to Ledahl Decl., # 9 Exhibit H to Ledahl Decl., # 10 Exhibit I to Ledahl Decl., # 11 Exhibit J to Ledahl Decl., # 12 Exhibit K to Ledahl Decl., # 13 Exhibit L to Ledahl Decl., # 14 Exhibit M to Ledahl Decl., # 15 Declaration Carter R. Batsell in Support of UMG's Opposition, # 16 Exhibit A to Batsell Decl., # 17 Exhibit B to Batsell Decl., # 18 Exhibit C to Batsell Decl., # 19 Exhibit D to Batsell Decl., # 20 Exhibit E to Batsell Decl., # 21 Exhibit F to Batsell Decl., # 22 Exhibit G to Batsell Decl., # 23 Exhibit H to Batsell Decl., # 24 Exhibit I to Batsell Decl., # 25 Exhibit J to Batsell Decl., # 26 Exhibit K to Batsell Decl., # 27 Exhibit L to Batsell Decl., # 28 Exhibit M to Batsell Decl., # 29 Exhibit N to Batsell Decl., # 30 Exhibit O to Batsell Decl., # 31 Exhibit P to Batsell Decl.)(Batsell, Carter)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al Doc. 606 Att. 23 Case 2:07-cv-05744-AHM-AJW Document 401 Filed 04/06/2009 Page 1 of 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES--GENERAL Case No. CV 07-5744 AHM (AJWx) Date: April 6, 2009 Title: UMG RECORDINGS, INC., et al. v. VEOH NETWORKS, INC., et al. =================================================================== PRESENT: HON. ANDREW J. WISTRICH, MAGISTRATE JUDGE Ysela Benavides Deputy Clerk ATTORNEYS PRESENT FOR PLAINTIFFS: None Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: None Present ORDER REGARDING UMG'S MOTION FOR SANCTIONS AND TO COMPEL COMPLIANCE WITH PRIOR COURT ORDERS As to Veoh's license agreements, the motion is denied as moot based upon Veoh's representation that its production of license agreements is complete. [Veoh's Supplemental Memorandum at 4]. As to lost or destroyed Skype files, the motion is denied as moot based upon Veoh's representation that its production of Skype files is complete. [Joint Stipulation at 42].1 The court is concerned about what appear to be unreasonably narrow interpretations by Veoh of some of UMG's discovery requests [see, e.g., Joint Stipulation at 32-33], a practice which calls into question the completeness of its entire production. Anomalies in Veoh's production, which may or may not have an entirely innocent explanation, heighten that concern. Nevertheless, the measures UMG has asked the court to adopt are too draconian on the present record. Instead, Veoh is directed to review its production and to have its general counsel (if any) and its lead trial counsel in this case certify to the court under penalty of perjury that under a fair reading of the requests for production as to which it has agreed to produce documents or been ordered to produce documents, its production is complete. Compliance within 21 days is required. IT IS SO ORDERED. cc: Parties MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk________ The court expresses no view as to whether Veoh adequately complied with its evidence preservation obligations with respect to Skype logs or files pertaining to ex-employees or past or present independent contractors. 1 Exhibit H Page 38 ockets.Justia.com D

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