Oracle America, Inc. v. Google Inc.

Filing 306

ORDER TO SHOW CAUSE why #278 was untimely filed. Show Cause Response due by 8/23/2011. Signed by Magistrate Judge Donna M. Ryu on 8/16/2011. (dmrlc2, COURT STAFF) (Filed on 8/16/2011) Modified on 8/17/2011 (wsn, COURT STAFF).

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

No. C-10-03561-WHA (DMR)

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Plaintiff,
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v.
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GOOGLE, INC.,

ORDER TO SHOW CAUSE AS TO WHY
COURT SHOULD NOT DENY
DEFENDANT’S MOTION TO COMPEL
[DOCKET NO. 280] AS UNTIMELY
FILED

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Defendant.
___________________________________/

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The court is in receipt of the parties’ joint discovery letter dated August 5, 2011 concerning
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Defendant’s request for an order to compel Plaintiff to present a prepared witness for Defendant’s
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Rule 30(b)(6) deposition on Topic 4. [Docket No. 280 (“Letter”).] The court notes that non-expert
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discovery in this matter closed on July 29, 2011[see Docket No. 56] and that according to the local
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rules of this Court, any motions to compel fact discovery had to be filed no later than August 5,
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2011. N.D. Cal. Civ. R. 37-3. The court further notes that despite the Letter’s being dated August 5,
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2011, Defendant lodged it with the Court on August 8, 2011. Moreover, the accompanying
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administrative motion to file under seal [Docket No. 278] was filed on August 6, 2011. The court is
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not presently aware of any indication that the motion was filed by the August 5, 2011 deadline.
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The court therefore ORDERS Defendant to SHOW CAUSE why the court should not deny
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its motion to compel because the motion was untimely filed. Defendant shall file a response to this
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order no later than August 23, 2011.

R NIA

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DONNA M. RYU a M. Ry
onn
United dge D Magistrate Judge
Ju States

NO

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H

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LI

Dated: August 16, 2011
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DERED

O OR
IT IS S

A

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S

IT IS SO ORDERED.
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S DISTRICT
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C
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UNIT
ED

For the Northern District of California

United States District Court

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