Nuance Communications, Inc. v. Abbyy Software House et al

Filing 443

DISCOVERY ORDER re 438 Letter filed by Nuance Communications, Inc.. Signed by Judge Maria-Elena James on 6/11/2012. (cdnS, COURT STAFF) (Filed on 6/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NUANCE COMMUNICATIONS, INC.,
Plaintiff,

No. C 08-2912 JSW (MEJ)
ORDER RE: DISCOVERY DISPUTE

v.
Re: Docket No. 438
ABBYY SOFTWARE HOUSE, et al.

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Defendants.

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Before the Court is the parties’ joint discovery dispute letter, in which Defendant ABBYY

United States District Court
For the Northern District of California

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USA Software House, Inc. seeks to depose Plaintiff Nuance Communications, Inc.’s Chief

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Executive Officer, Paul Ricci. Dkt. No. 438. When a party seeks the deposition of a high-level

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executive, the Court must consider “(1) whether the deponent has unique first-hand, non-repetitive

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knowledge of facts at issue in the case and (2) whether the party seeking the deposition has

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exhausted other less intrusive discovery methods.” Affinity Labs of Texas v. Apple, Inc., 2011 WL

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1753982, at *15 (N.D. Cal. May 09, 2011) (citations omitted). “‘Virtually every court that has

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addressed deposition notices directed at an official at the highest level or ‘apex’ of corporate

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management has observed that such discovery creates a tremendous potential for abuse or

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harassment.’” Id. (quoting Celerity, Inc. v. Ultra Clean Holding, Inc., 2007 WL 205067, at *3 (N.D.

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Cal., Jan. 25, 2007)). “This is especially so where the information sought in the deposition can be

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obtained through less intrusive discovery methods (such as interrogatories) or from depositions of

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lower-level employees with more direct knowledge of the facts at issue.” Id. (citation omitted).

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Here, ABBYY has failed to show that Mr. Ricci has unique first-hand, non-repetitive

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knowledge of facts at issue in this case. Moreover, even if it had, ABBYY has not shown that it has

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exhausted other less intrusive discovery methods. Accordingly, ABBYY’s request is DENIED.

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IT IS SO ORDERED.
Dated: June 11, 2012
MARIA-ELENA JAMES
United States Magistrate Judge