Jonathan Browning, Inc. -v- Venetian Casino Resort, LLC

Filing 114

ORDER re 113 Joint Letter of October 20, 2008. Signed by Judge Edward M. Chen on 10/21/2008. (emclc1, COURT STAFF) (Filed on 10/21/2008)

1 2 3 4 5 6 7 8 9 10 v. VENETIAN CASINO RESORT, et al., Defendants. ___________________________________/ JONATHAN BROWNING, INC., Plaintiff, ORDER RE JOINT LETTER OF OCTOBER 20, 2008 (Docket No. 113) No. C-07-3983 JSW (EMC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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On October 20, 2008, the parties filed a joint letter regarding a discovery dispute. See Docket No. 113. Having reviewed the joint letter, the Court hereby rules as follows. As a general matter, the Court agrees with Defendants that the scope of discovery in this case is defined by the allegations in the complaint, and the complaint alleges infringement with respect to the Venetian and not the Palazzo. However, Browning contends that the same fixtures were used in both the Venetian and the Palazzo. If there are documents in Defendants' possession, custody, or control that explicitly refer to Browning or its designs -- even if in the context of the Palazzo rather than the Venetian -- they are discoverable as they may shed light on possible admissions and Defendants' knowledge and state of mind. /// /// /// /// ///

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Accordingly, the Court shall not authorize broad discovery into any alleged infringement in the Palazzo but shall order Defendants to produce documents that explicitly refer to Browning or its designs, even if the documents are related to the Palazzo instead of the Venetian.

IT IS SO ORDERED.

Dated: October 21, 2008 _________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

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For the Northern District of California

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