Flatworld Interactives LLC v. Apple Inc.

Filing 241

ORDER by Judge Elizabeth D. Laporte granting in part and denying in part 193 Motion to Compel (lrc, COURT STAFF) (Filed on 10/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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FLATWORLD INTERACTIVES LLC, a
Pennsylvania limited liability company,

No. C 12-01956 WHO (EDL)

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Plaintiff,
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v.

ORDER GRANTING IN PART
FLATWORLD’S SECOND MOTION
TO COMPEL DISCOVERY

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APPLE INC., a California corporation,

JURY TRIAL REQUESTED

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Defendant.
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Date: September 17, 2013
Time: 2:00 PM
Courtroom: E, 15th Floor
Judge: Honorable Elizabeth D.
LaPorte

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DATE ACTION FILED: April 19,
2012

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On September 17, 2013, a hearing was held before the undersigned Court on Plaintiff

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FlatWorld Interactives’s Second Motion to Compel Discovery from Defendant Apple Inc. from

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twenty custodians. Now therefore, it is hereby ORDERED that the motion is GRANTED in part

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and DENIED in part, as follows:

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Apple agreed at oral argument that it does not dispute FlatWorld’s motion with respect to

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the following seven Apple custodians and represented that it was producing some responsive

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documents: Raleigh Ledet, Kristen Forster, Bret Victor, Lalit Pathak, Bas Ording, Wayne

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Westerman, and Kenneth Kocienda. Accordingly, FlatWorld’s motion is GRANTED as to

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Requests for Production Nos. 85 (Ledet), 86 (Forster), 87 (Victor), 89 (Pathak), 92 (Ording), 96

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(Westerman), and 108 (Kocienda).

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In addition, the Court finds FlatWorld made a sufficient showing with respect to Apple

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custodian David Carvalho. Accordingly, FlatWorld’s motion is GRANTED as to Request for

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Production No. 98 (Carvalho), to the extent set forth below.

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Finally, FlatWorld may choose one additional Apple custodian at its discretion and Apple

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shall comply with the custodian’s associated document request. FlatWorld has chosen Craig

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Federighi. Accordingly, FlatWorld’s motion is GRANTED as to Request for Production No. 91

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(Federighi), to the extent set forth below.

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In complying with this Order, Apple need not produce documents that it has previously

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produced, and documents that the Court has previously ordered need not be produced. For

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purposes of this Order, the scope of the allowed requests shall be further limited to documents

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dated within six years prior to the date the complaint herein was filed, and documents that refer or

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relate to the technology accused of infringement in FlatWorld’s original and amended infringement

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contentions.
The parties are encouraged by the Court to exchange lists of their respective proposed

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search terms, then meet, confer, and agree upon appropriate search terms for Apple’s production in

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response to this Order.

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As to all other custodians that were the subject of FlatWorld’s motion, the motion is

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DENIED without prejudice to renewal by FlatWorld if Apple’s compliance with this order results

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in the production of substantial relevant non-duplicative documents.

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DATED this 23 day of October, 2013.

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___________________________________
HONORABLE ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER GRANTING IN PART PLAINTIFF’S
SECOND MOTION TO COMPEL DISCOVERY
No. C 12-01956 WHO (EDL)

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Presented on October 25, 2013 by:

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HAGENS BERMAN SOBOL SHAPIRO LLP

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By

/s/ Steve W. Berman
Steve W. Berman (Pro Hac Vice)

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Mark S. Carlson (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Jeff D. Friedman (173886)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
FlatWorld Interactives LLP

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[PROPOSED] ORDER GRANTING IN PART PLAINTIFF’S
SECOND MOTION TO COMPEL DISCOVERY
No. C 12-01956 WHO (EDL)

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ORDER GRANTING MOTION FLATWORLD’S SECOND
DISCOVERY IN PART - 4

Case No.: C 12-01956 JSW
MOTION TO COMPEL
005012-11 642157 V1