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)

Download PDF
1 2 3 4 5 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: (650) 493-9300 Facsimile: (650) 565-5100 Email: 6 7 8 9 10 11 12 13 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: (650) 453-1980 Facsimile: (650) 453-2411 Attorneys for Defendants SKOOTLE CORP. and JAMES KESTER 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 TWITTER, INC., a Delaware corporation, Case No. 3:12-cv-1721 SI 19 Plaintiff, 20 FURTHER JOINT CASE MANAGEMENT STATEMENT v. 21 22 23 SKOOTLE CORP., a Tennessee corporation; and JAMES KESTER, an individual, Defendants. 24 25 26 27 28 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 1 The parties to the above-entitled action jointly submit this FURTHER CASE 2 MANAGEMENT STATEMENT pursuant to the schedule set by the Court during the Case 3 Management Conference held in chambers on August 31, 2012. (Docket No. 62). 4 1. Amendment of Pleadings 5 Pursuant to this Court’s July 20, 2012 order severing defendants, the claims as originally 6 filed against Defendant Garland Harris are no longer a part of this case. At the August 31, 2012 7 Case Management Conference, the parties agreed to meet and confer regarding the possibility of 8 amending the Complaint. 9 paragraphs 5, 7, 8, 9, 32-38, and 45-57 as non-operative with regard to Defendants. Plaintiff also 10 seeks to add Troy Fales, an individual employed by Defendant Skootle, as a defendant. 11 Defendants’ discovery responses indicate that Mr. Fales wrote the TweetAdder software and is 12 an agent of Defendant Skootle. Therefore, plaintiff contends that he is jointly and severally 13 liable for any damages Twitter has incurred due to TweetAdder, and his addition as a defendant 14 is appropriate. Plaintiff will seek leave to amend via a stipulation or a motion in the coming 15 days. Plaintiff is willing to amend the Complaint in order to remove 16 Defendants agree that Plaintiff should amend its Complaint and remove at least 17 paragraphs 5, 7-9, 32-38 and 45-57. Defendants also believe that other portions of the Complaint 18 require amendment as well. Plaintiff has only just agreed to amend its Complaint on Tuesday, 19 October 23, 2012, and Defendant will meet and confer with Plaintiff as to the precise 20 amendments that are appropriate. Plaintiff only informed Defendants of its intention to add Troy 21 Fales as a defendant on Tuesday, October 23, 2012. Defendants do not consent to Plaintiff’s 22 proposed addition of Mr. Fales as a defendant to this action and will meet and confer with 23 Plaintiff as appropriate, and otherwise oppose his addition as a defendant. 24 2. Discovery 25 A. Discovery Taken to Date 26 Plaintiff’s Statement: To date, Plaintiff has served and supplemented its responses to 27 Defendants’ first set of interrogatories and document requests, and has begun producing 28 -1FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. 3:12-CV-1721 SI 1 documents on a rolling basis. Defendants Skootle and Mr. Kester have served and supplemented 2 their responses to Plaintiff’s first set of interrogatories and requests for admission, but have not 3 yet begun producing documents in response to Plaintiff’s first set of document requests. Plaintiff 4 has also served its second set of interrogatories on Defendants. Plaintiff has served deposition 5 and/or document subpoenas on four third parties to date, and anticipates the possibility of 6 motions to compel regarding some of the subpoenas in their respective issuing courts. 7 To attempt to resolve their disputes regarding certain discovery issues, the parties have 8 exchanged several meet-and-confer letters and met and conferred in person on October 9, 2012. 9 Plaintiff anticipates filing a joint statement with Defendants in the near future addressing the 10 discovery issues on which the parties have been unable to reach resolution. In brief, the parties 11 presently have disputes over the following information Plaintiff seeks in its discovery requests: 12  Information about Skootle employees’ non-work Twitter accounts; 13  Documents relating to Defendants’ revenues, financial statements, and (redacted) 14 tax records; and  15 16 Documents sought in a subpoena to a third party represented by Defendants’ counsel. 17 Defendants’ Statement: Defendant Skootle has propounded interrogatories and document 18 requests on Plaintiff. Plaintiff has thus far produced only 111 pages of documents, all of which 19 are readily available on its website. Defendants have responded to, and supplemented their 20 responses in light of meet and confer exercises, Plaintiff’s requests for admission, requests for 21 documents and interrogatories. Defendants are still collecting and reviewing documents that 22 may be responsive to Plaintiff’s requests, including those to third-party Troy Fales, and will 23 produce any responsive documents on a rolling basis. 24 B. 25 The parties anticipate that they will agree to a procedure for producing electronically 26 Electronically Stored Information stored information, including the form or forms in which it should be produced. 27 28 -2FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. 3:12-CV-1721 SI 1 3. Mediation 2 The Court has entered the parties’ Stipulation and Order Selecting ADR Process in which 3 the parties agreed to participate in mediation. (Docket No. 61). The parties have submitted a 4 notice to inform the Court that they have chosen private mediation. (Docket No. 63). 5 At the Case Management Conference held on August 31, 2012, the Court ordered counsel 6 for the parties to include a mediation schedule and their selected mediator in their Further Case 7 Management Statement. Counsel for the parties met and conferred via letter on October 23 and 8 25, 2012 to discuss mediation, and have agreed as follows: 9 Mediator: The parties are considering several mediators from JAMS. 10 Mediation Schedule: The parties anticipate a mediation will take place in early 2013. 11 The parties previously agreed that the mediation will take place no later than 30 days after the 12 close of discovery on March 1, 2013. (Docket Nos. 61, 62). The parties will inform the Court 13 when a date has been chosen. 14 4. 15 Other The parties do not have any other matters to address with the Court at this time. 16 17 Dated: October 26, 2012 WILSON SONSINI GOODRICH & ROSATI PC 18 By: 19 20 /s Charles T. Graves Charles T. Graves Attorneys for Plaintiff TWITTER, INC. 21 22 23 Dated: October 26, 2012 COLT / WALLERSTEIN LLP 24 By: /s Nicole M. Norris 25 Attorneys for Defendants SKOOTLE CORP. and JAMES KESTER 26 27 28 -3FURTHER JOINT CASE MANAGEMENT STATEMENT CASE NO. 3:12-CV-1721 SI 1 2 CERTIFICATION I, Charles T. Graves, am the ECF User whose identification and password are being used 3 to file the Further Joint Case Management Statement. In compliance with General Order 4 45.X.B, I hereby attest that Nicole M. Norris has concurred in this filing. 5 DATED: October 26, 2012 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 6 7 By: 8 s/Charles T. Graves Charles T. Graves 9 Attorneys for Plaintiff Twitter, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1CERTIFICATION CASE NO. 3:12-CV-1721 SI

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?