Twitter, Inc. v. Skootle Corp. et al

Filing 64

JOINT CASE MANAGEMENT STATEMENT Further Joint Case Management Statement filed by Twitter, Inc.. (Graves, Charles) (Filed on 10/26/2012)

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DAVID H. KRAMER, SBN 168452
CHARLES T. GRAVES, SBN 197923
RIANA S. PFEFFERKORN, SBN 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
TWITTER, INC.
DOUGLAS W. COLT, SBN 210915
THOMAS E. WALLERSTEIN, SBN 232086
NICOLE M. NORRIS, SBN 222785
COLT / WALLERSTEIN LLP
Shorebreeze II
255 Shoreline Drive, Suite 540
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SKOOTLE CORP. and JAMES KESTER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TWITTER, INC., a Delaware corporation,

Case No. 3:12-cv-1721 SI

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Plaintiff,
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FURTHER JOINT CASE
MANAGEMENT STATEMENT

v.
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SKOOTLE CORP., a Tennessee corporation;
and JAMES KESTER, an individual,
Defendants.

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FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. 3:12-CV-1721 SI

Date:
Time:
Place:
Judge:

November 2, 2012
3:00 p.m.
Courtroom 10
Hon. Susan Illston

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The parties to the above-entitled action jointly submit this FURTHER CASE

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MANAGEMENT STATEMENT pursuant to the schedule set by the Court during the Case

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Management Conference held in chambers on August 31, 2012. (Docket No. 62).

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Amendment of Pleadings

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Pursuant to this Court’s July 20, 2012 order severing defendants, the claims as originally

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filed against Defendant Garland Harris are no longer a part of this case. At the August 31, 2012

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Case Management Conference, the parties agreed to meet and confer regarding the possibility of

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amending the Complaint.

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paragraphs 5, 7, 8, 9, 32-38, and 45-57 as non-operative with regard to Defendants. Plaintiff also

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seeks to add Troy Fales, an individual employed by Defendant Skootle, as a defendant.

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Defendants’ discovery responses indicate that Mr. Fales wrote the TweetAdder software and is

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an agent of Defendant Skootle. Therefore, plaintiff contends that he is jointly and severally

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liable for any damages Twitter has incurred due to TweetAdder, and his addition as a defendant

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is appropriate. Plaintiff will seek leave to amend via a stipulation or a motion in the coming

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days.

Plaintiff is willing to amend the Complaint in order to remove

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Defendants agree that Plaintiff should amend its Complaint and remove at least

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paragraphs 5, 7-9, 32-38 and 45-57. Defendants also believe that other portions of the Complaint

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require amendment as well. Plaintiff has only just agreed to amend its Complaint on Tuesday,

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October 23, 2012, and Defendant will meet and confer with Plaintiff as to the precise

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amendments that are appropriate. Plaintiff only informed Defendants of its intention to add Troy

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Fales as a defendant on Tuesday, October 23, 2012. Defendants do not consent to Plaintiff’s

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proposed addition of Mr. Fales as a defendant to this action and will meet and confer with

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Plaintiff as appropriate, and otherwise oppose his addition as a defendant.

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2.

Discovery

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A.

Discovery Taken to Date

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Plaintiff’s Statement: To date, Plaintiff has served and supplemented its responses to

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Defendants’ first set of interrogatories and document requests, and has begun producing

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-1FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. 3:12-CV-1721 SI

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documents on a rolling basis. Defendants Skootle and Mr. Kester have served and supplemented

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their responses to Plaintiff’s first set of interrogatories and requests for admission, but have not

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yet begun producing documents in response to Plaintiff’s first set of document requests. Plaintiff

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has also served its second set of interrogatories on Defendants. Plaintiff has served deposition

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and/or document subpoenas on four third parties to date, and anticipates the possibility of

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motions to compel regarding some of the subpoenas in their respective issuing courts.

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To attempt to resolve their disputes regarding certain discovery issues, the parties have

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exchanged several meet-and-confer letters and met and conferred in person on October 9, 2012.

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Plaintiff anticipates filing a joint statement with Defendants in the near future addressing the

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discovery issues on which the parties have been unable to reach resolution. In brief, the parties

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presently have disputes over the following information Plaintiff seeks in its discovery requests:

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

Information about Skootle employees’ non-work Twitter accounts;

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Documents relating to Defendants’ revenues, financial statements, and (redacted)

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tax records; and
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Documents sought in a subpoena to a third party represented by Defendants’
counsel.

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Defendants’ Statement: Defendant Skootle has propounded interrogatories and document

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requests on Plaintiff. Plaintiff has thus far produced only 111 pages of documents, all of which

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are readily available on its website. Defendants have responded to, and supplemented their

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responses in light of meet and confer exercises, Plaintiff’s requests for admission, requests for

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documents and interrogatories. Defendants are still collecting and reviewing documents that

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may be responsive to Plaintiff’s requests, including those to third-party Troy Fales, and will

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produce any responsive documents on a rolling basis.

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B.

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The parties anticipate that they will agree to a procedure for producing electronically

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Electronically Stored Information

stored information, including the form or forms in which it should be produced.

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-2FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. 3:12-CV-1721 SI

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3.

Mediation

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The Court has entered the parties’ Stipulation and Order Selecting ADR Process in which

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the parties agreed to participate in mediation. (Docket No. 61). The parties have submitted a

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notice to inform the Court that they have chosen private mediation. (Docket No. 63).

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At the Case Management Conference held on August 31, 2012, the Court ordered counsel

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for the parties to include a mediation schedule and their selected mediator in their Further Case

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Management Statement. Counsel for the parties met and conferred via letter on October 23 and

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25, 2012 to discuss mediation, and have agreed as follows:

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Mediator: The parties are considering several mediators from JAMS.

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Mediation Schedule: The parties anticipate a mediation will take place in early 2013.

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The parties previously agreed that the mediation will take place no later than 30 days after the

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close of discovery on March 1, 2013. (Docket Nos. 61, 62). The parties will inform the Court

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when a date has been chosen.

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4.

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Other
The parties do not have any other matters to address with the Court at this time.

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Dated: October 26, 2012

WILSON SONSINI GOODRICH & ROSATI PC

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By:

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/s Charles T. Graves
Charles T. Graves
[e-mail]

Attorneys for Plaintiff TWITTER, INC.

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Dated: October 26, 2012

COLT / WALLERSTEIN LLP

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By:

/s Nicole M. Norris

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Attorneys for Defendants SKOOTLE CORP. and
JAMES KESTER

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-3FURTHER JOINT CASE MANAGEMENT STATEMENT
CASE NO. 3:12-CV-1721 SI

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CERTIFICATION
I, Charles T. Graves, am the ECF User whose identification and password are being used

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to file the Further Joint Case Management Statement. In compliance with General Order

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45.X.B, I hereby attest that Nicole M. Norris has concurred in this filing.

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DATED: October 26, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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s/Charles T. Graves
Charles T. Graves

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Attorneys for Plaintiff Twitter, Inc.

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-1CERTIFICATION
CASE NO. 3:12-CV-1721 SI