Corbis Corporation v. Tivoli Associates Inc et al

Filing 73

ORDER by Magistrate Judge Bernard Zimmerman denying 64 Motion for Discovery (bzsec, COURT STAFF) (Filed on 4/23/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. TIVOLI ASSOCIATES, INC, et al., Defendant(s). CORBIS CORP., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 09-3383 BZ ORDER DENYING MOTION TO COMPEL

Tivoli's motion to compel further discovery is DENIED with the exception that Corbis shall produce communications with the copyright office related to its registration program. I find no need for a hearing. I agree with Corbis that the issues presented by Tivoli are primarily questions of law. See Bean v. McDougal Littell, Given that Corbis

669 F.Supp.2d, 1031, 1036 (D. Ariz. 2008).

has turned over all requested documents with respect to photographs whose images are at issue, the remainder of the documents that Tivoli seeks are wholly or largely irrelevant to the issues before the Court. Significantly, Tivoli has not

shown that the documents Corbis has produced provide any 1

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factual support for its theories.

Given the tremendous cost

of accomplishing the proposed discovery, which Tivoli does not seriously dispute, and given what is at stake in this litigation, I find that, pursuant to Rule 26(b)(2)(C)(iii) the burden and expense of the proposed discovery outweighs its likely benefit. Given Corbis's concession that it does not intend to rely on internal settlement documents (Opp. P. 18, l. 11-12), I deem these requests MOOT. IT IS THEREFORE ORDERED that Tivoli's motion is DENIED, except as to communications between Corbis and the copyright office, which shall be produced by May 5, 2010. Dated: April 23, 2010 Bernard Zimmerman United States Magistrate Judge
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