Davis v. Electronic Arts, Inc.
Filing
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ORDER re January 28, 2016 Discovery Hearing. Signed by Magistrate Judge Donna M. Ryu on 01/25/2016. (dmrlc1, COURT STAFF) (Filed on 1/25/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL E. DAVIS, et al.,
Case No. 10-cv-03328-RS (DMR)
Plaintiffs,
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v.
ORDER RE JANUARY 28, 2016
DISCOVERY HEARING
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ELECTRONIC ARTS INC.,
Defendant.
United States District Court
Northern District of California
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The court has reviewed the parties’ November 23, 2015 and December 30, 2015 joint
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discovery letters, which are set for hearing on January 28, 2016 at 11:00 a.m. By no later than
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5:00 p.m. on January 26, 2016, Plaintiffs shall submit the definitions of the terms “HISTORICAL
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NFL PLAYER CHARACTERS” and “CHARACTERISTICS” that they provided in Plaintiffs’
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first set of requests for admission to Defendant.
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Lead counsel for the parties shall appear at the hearing on January 28, 2016. Following the
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hearing, lead counsel shall be prepared to meet and confer in the courthouse regarding any and all
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issues that come up in the hearing, and shall be prepared to devote the entire day, if necessary, to
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meeting and conferring. In addition, counsel shall come prepared to meet and confer regarding
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ESI, search terms, and custodians using the District’s Guidelines for the Discovery of
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Electronically Stored Information and Checklist for guidance.
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Counsel shall also come prepared to discuss a potential stipulation(s) regarding damages.
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For example, Defendant has requested information that they argue is relevant to the value of
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Plaintiffs’ names, images, and likenesses. Plaintiffs have taken the position that, inter alia, such
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information is not relevant to the claims and defenses at issue in this case, which suggests that
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Plaintiffs do not intend to use such information for damages or for any other purpose. Therefore,
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the parties may benefit from discussing a stipulation regarding what the parties will and will not
argue in this case about damages, which could in turn affect the scope of discovery.
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United States District Court
Northern District of California
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R NIA
. Ryu
onna M
Judge D
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ED
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ORDER
T IS SO
IDonna M. Ryu
United States Magistrate Judge
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Dated: January 25, 2016
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IT IS SO ORDERED.
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