Agency Solutions.com, LLC v. Trizetto Group, Inc.

Filing 49

ORDER moving hearing from August 1 to August 22, 2011 at 1:30 pm and related orders concering briefing. signed by Chief Judge Anthony W. Ishii on 7/28/2011. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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AGENCY SOLUTIONS.COM, LLC
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d.b.a. HEALTHCONNECT SYSTEMS, )
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Plaintiff,
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v.
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THE TRIZETTO GROUP, INC.,
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Defendant.
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____________________________________)

CV F 11-1014 AWI GSA
ORDER MOVING HEARING
DATE OF AUGUST 1, 2011,
ORDER PERMITTING SURREPLY
AND RELATED ORDERS

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In this action for misappropriation of trade secrets, plaintiff Healthconnect Systems (“Plaintiff”)

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has moved for preliminary injunction against defendant Trizetto Group, Inc. (“Defendant”). In

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support of, and in opposition to, Plaintiff’s motion for preliminary injunction, the parties have

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submitted both legal briefs and supporting documents. Two concerns arise.

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First, the volume of documents submitted is substantially larger than the court normally

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encounters in regards to preliminary injunctions. The court will require additional time to review

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the documents provided.

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Second, the parties stipulated to an Order for Expedited Discovery, which was filed on

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June 27, 2011. Plaintiff’s motion for preliminary injunction and Defendants opposition appear to

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have been filed prior to the conduct of any significant discovery. Plaintiff’s reply to Defendant’s

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opposition, however, indicates the inclusion of a large number of documents that appears to have

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been at least in part the product of the expedited discovery process. The court finds that the

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interests of a more complete consideration of the factual basis of Plaintiff’s motion would be

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served by providing Defendant an opportunity to submit a sur-reply to Plaintiff’s reply brief.

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Should Defendant wish to submit a sur-reply, Defendant shall limit the scope of such sur-reply to

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address specifically those documents and products of expedited discovery that were used by

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Plaintiff in its reply brief or that were made available during the same period of expedited

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discovery.

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A final concern of the court is that the court’s docket is becoming cluttered with redacted

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versions of documents, unredacted versions of which are later being filed under seal. The court,

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having reviewed a number of the redacted documents finds they serve no useful purpose and tend

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to make the recovery of the corresponding unredacted documents more difficult. The court will

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require that only unredacted versions of documents be submitted to the court unless some

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particular purpose is served by the submission of a redacted version.

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THEREFORE, for the reasons set forth above, it is hereby ORDERED that:
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The hearing on Plaintiff’s motion for preliminary injunction that was previously

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scheduled for Monday, August 1, 2011 at 1:30 p.m. is hereby MOVED to Monday,

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August 22, 2011, at 1:30 p.m. in courtroom 2.

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2.

Defendant may file and serve a sur-reply to Plaintiff’s reply in support of the motion for

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preliminary injunction not later than 4:30 p.m., Thursday, August 4, 2011. Any sur-reply

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shall be limited in scope in accordance with the foregoing discussion.

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3.

Any party seeking to file a document with the court containing significant amounts of

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material requiring confidential treatment shall e-mail the document or documents to

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[e-mail] together with a request to file under seal and a proposed

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order to file under seal. Any documents e-mailed to the court with an accompanying

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request to seal shall be deemed filed on the date and time the e-mail is received. Any

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party seeking to file a redacted documents shall provide the court with an explanation of

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why the filing of a redacted document is necessary.

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IT IS SO ORDERED.

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Dated:
0m8i78

July 28, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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