Nextdoor.com, Inc. v. Abhyanker

Filing 269

ORDER by Judge Nathanael M. Cousins regarding discovery disputes 265 266 267 . (nclc1, COURT STAFF) (Filed on 7/18/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 NEXTDOOR.COM, INC., Plaintiff, 13 14 v. Case No. 12-cv-05667 EMC (NC) ORDER REGARDING DISCOVERY DISPUTES Re: Dkt. Nos. 265, 266, 267 15 RAJ ABHYANKER, 16 Defendant. 17 18 The parties have presented two discovery letter briefs on the eve of the close of fact 19 discovery. The Court rules as follows: 20 1. Nextdoor’s request to compel production of the original assignment agreement, 21 or for a detailed declaration explaining the whereabouts of the original, is 22 denied. Mr. Abhyanker has already responded to the discovery request by 23 stating the original is not in his possession, custody, or control. Nextdoor will 24 have an opportunity at Abhyanker’s deposition to elicit testimony regarding 25 the authenticity of the assignment agreement and whereabouts of the original; 26 2. Nextdoor has demonstrated the relevance of determining whether the device 27 with MAC address 00-24-8C-F8-70-B2 has been preserved. Because counsel 28 is currently focused on completing production of documents by today’s Case No. 12-cv-05667 EMC (NC) ORDER REGARDING DISCOVERY DISPUTES 1 deadline, counsel for Mr. Abhyanker must inform counsel for Nextdoor 2 whether that device has been preserved by 5:00 p.m. on Monday, July 21; 3 3. There does not appear to be a live dispute regarding the review of documents 4 for relevance or responsiveness. Both parties seem to agree that all responsive 5 documents must be produced. The third issue therefore appears moot. Any party may object to this order to Judge Chen within 14 days. Fed. R. Civ. P. 6 7 72(a). 8 9 10 IT IS SO ORDERED. Date: July 18, 2014 11 _________________________ Nathanael M. Cousins United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-cv-05667 EMC (NC) ORDER REGARDING DISCOVERY DISPUTES 2

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