Oracle America, Inc. v. Google Inc.

Filing 354

ORDER re #353 Discovery Hearing. Signed by Magistrate Judge Donna M. Ryu on 8/25/2011. (dmrlc2, COURT STAFF) (Filed on 8/25/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ORACLE AMERICA, INC.,

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Plaintiff,

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GOOGLE, INC.,

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ORDER RE DISCOVERY HEARING OF
AUGUST 25, 2011

v.

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

Defendant.
___________________________________/

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Today the court held a hearing on the parties’ joint discovery letter of August 5, 2011

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[Docket No. 277], which concerned Plaintiff’s motion to compel Defendant to (re)produce certain

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documents, which the court will collectively refer to as the Lindholm Emails. During the hearing

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the court granted Plaintiff’s motion, and a separate order detailing the court’s reasoning will be

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forthcoming.

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After hearing the court’s ruling, Defendant indicated its intent to appeal the decision to Judge

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Alsup. Defendant also appeared to believe that it need not produce the Lindholm Emails until Judge

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Alsup rules on the appeal. Defendant is mistaken. The filing of objections does not stay the operation of

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the court’s order. Hanni v. Am. Airlines, Inc., No. 08-732-CW, 2009 WL 1505286, at *3 (N.D. Cal. May 27,

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2009); accord Blessey Mar. Servs., Inc. v. Jeffboat, LLC, No. 10-1863, 2011 WL 3349844, at *4 (E.D. La.

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Aug. 3, 2011) (collecting cases).

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Thus, the court hereby ORDERS that Defendant produce the Lindholm Emails to Plaintiff
immediately; and it further ORDERS that the parties immediately arrange for the deposition of Mr.

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Lindholm.

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For the Northern District of California

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D IS T IC T O
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DONNA M. RYU
United States Magistrate Judge

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United States District Court

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Dated: August 25, 2011

. Ryu

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onna M
Judge D

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IT IS SO ORDERED.

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IT IS S

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UNIT
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