In Re Sony PS3 "Other OS" Litigation

Filing 172

ORDER Re Discovery Dispute From Letters of 169 170 171 April 1, 2011, April 6, 2011, and April 11, 2011. Signed by Magistrate Judge Edward M. Chen on 4/11/2011. (emcsec, COURT STAFF) (Filed on 4/11/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 IN RE SONY PS3 “OTHER OS” LITIGATION No. C-10-1811 RS (EMC) ___________________________________/ ORDER RE DISCOVERY DISPUTE FROM LETTERS OF APRIL 1, 2011 APRIL 6, 2011, AND APRIL 11, 2011 9 11 For the Northern District of California United States District Court 10 (Docket Nos. 169-171) 12 13 14 The Court has received the separate letters regarding the 6 areas of discovery dispute. The 15 Court warns the parties that any further violations of this Court’s orders and rules – including the 16 requirement of a meaningful and in-person meet and confer on all issues and submission of a joint 17 letter will be subject to sanctions and contempt. 18 19 Having considered the papers and good cause appearing therefor, the Court rules as follows: 1. 20 Protective Order The Protective Order shall use Plaintiffs’ versions of Paragraphs 2.6 and 7.3(c), and 3. As 21 for Paragraph 5.1, the words “To the extent practical to do so” shall be retained. There does not 22 appear to be any dispute as to Paragraph 5.2. 23 2. 24 PS3 Copying Protocol Plaintiff Stovell may not unilaterally remove his family photographs. The parties shall use 25 the procedure suggested by Sony. Because Plaintiff Herz is no longer a class representative and the 26 complaint has been amended to remove reference to hacking, he shall not be deposed as a class 27 representative. Plaintiff Huber shall give his deposition in California and bring his PS3.. 28 1 3. 2 3 Plaintiffs’ Depositions The Plaintiff deponents may be asked to demonstrate their use of the PS3. 4. Keyword/Custodians 4 The parties shall meet and confer. They shall have a substantive discussion including a 5 discussion about the number of documents likely to be responsive to particular combinations of 6 keywords/custodians, identification and description of custodians beyond those offered by SCEA, 7 etc. 8 5. 9 SCEI Discovery The parties shall meet and confer. The Court will presume that a Rule 30(b)(6) deposition is appropriate. Written discovery should be accordingly tailored. 11 For the Northern District of California United States District Court 10 6. 12 Document Production Protocol The parties shall meet and confer. 13 14 The parties shall submit a proposed Protective Order consistent with this order. The 15 unresolved issues shall be resolved by April 20, 2011. If the issues are not completely resolved, the 16 parties shall contact this Court’s Courtroom Deputy Clerk, Betty Lee, and arrange for an in-person 17 meet and confer at the federal courthouse with lead counsel in attendance. 18 This order disposes of Docket Nos. 169, 170 and 171. 19 20 IT IS SO ORDERED. 21 22 Dated: April 11, 2011 23 _________________________ EDWARD M. CHEN United States Magistrate Judge 24 25 26 27 28 2

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