AF Holdings LLC v. Doe

Filing 44

ORDER re 38 Emergency MOTION to Compel Plaintiff AF Holdings' Emergency Motion for Expedited Briefing and Hearing; and Motion to Compel Production filed by AF Holdings LLC. Discovery Hearing set for 1/31/2013 02:00 PM in Courtroom D, 15th Floor, San Francisco before Magistrate Judge Nandor J. Vadas.Signed by Magistrate Judge Nandor J. Vadas on January 23, 2013. (njvlc2, COURT STAFF) (Filed on 1/23/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 AF HOLDINGS LLC, 7 Plaintiff, 8 9 ORDER RE PLAINTIFF’S EMERGENCY MOTION TO COMPEL (Doc. No. 38) NAVASCA, et al., Defendant(s). ___________________________________/ 11 For the Northern District of California United States District Court 10 v. No. C-12-2396 EMC (NJV) 12 Plaintiff AF Holdings LLC filed an “emergency motion to compel” the production of 13 defendant Joe Navasca’s computers. Doc. No. 38; see also Doc. No 42 (Statement re Emergency 14 Motion). The motion is premised on Navasca’s admission during his deposition that he installed a 15 program, CCleaner, on his computer. Citing an article, AF Holdings argues that 16 Navasca is destroying evidence of his copyright infringement activities. Navasca responded to the 17 motion, stating that he has manually disabled CCleaner and offered his hard drive for inspection. 18 Doc. No. 40 at 2. According to Navasca, AF Holdings’s counsel refused to meet and confer 19 regarding this offer or the motion to compel in general. 20 21 The district court having referred the case to the undersigned for discovery purposes, the undersigned orders the following: 22 23 1. Until further order of the court, Navasca shall continue to prevent CCleaner from operating on any computer(s) in his custody and/or under his control; 24 25 2. The parties shall meet and confer regarding the issues raised in AF Holdings’ motion and in Navasca’s response, in person, on or before Friday, January 25, 2013; 26 3. If the parties have not resolved their issues, they shall file separate letter briefs, not 27 exceeding five pages, on or before Tuesday, January 29, 2013, addressing all outstanding issues; 28 and, 1 4. The matter shall be heard on Thursday, January 31, 2013 at 2:00 p.m., in Courtroom D, 2 450 Golden Gate Avenue, San Francisco, California. If the parties do not file letter briefs on or 3 before January 29, 2013, the undersigned shall deem the matter resolved and take the hearing off 4 calendar. 5 The undersigned recognizes that AF Holding’s motion to compel may suffer from some 6 procedural deficiencies. See generally Doc. No. 40. In light of the allegation of spoliation, 7 however, the undersigned believes an expedient resolution of the matter will benefit both parties. 8 The undersigned nevertheless strongly encourages the parties to resolve this issue without further 9 court intervention. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 14 Dated: January 23, 2013 Nandor J. Vadas United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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