Bascom Research, LLC v. Linkedin Corporation

Filing 117

ORDER DENYING re 116 Letter filed by Linkedin Corporation. Signed by Judge Joseph C. Spero on 8/21/13. (klhS, COURT STAFF) (Filed on 8/21/2013)

KEKER &VAN NESTap

633 Battery Street
San Francisco, CA 94111-1809
415 391 5400
kvn.com

David Silbert
[phone]
[e-mail]

August 19, 2013

Honorable Joseph C. Spero
UNITED STATES DISTRICT CouRT
Courtroom G, 15 th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
Re:

Bascom Research LLC v. LinkedIn Corp., Case No. 12-cv-06294-SI (JCS)

Dear Judge Spero:
I am counsel for LinkedIn in the above-referenced case. I write to request an interpretation of
Your Honor's July 25, 2013 Order on discovery disputes, and specifically, to ask that you
authorize me, rather than Bob Van Nest, to serve as lead counsel for the purpose of meeting-andconferring with the Plaintiff.
As background, Bascom v. Linkedln (Case No. 12-cv-06294) and the related case Bascom v.
Facebook (12-cv-06293) were recently referred to Your Honor by Judge Illston for discovery
matters, and in particular, to resolve a long-pending dispute over Bascom's infringement
contentions.
I fully understand and appreciate Your Honor's rule requiring lead counsel to meet-and-confer
in person. before presenting discovery disputes to the Court. Should this case ever reach trial,
Bob Van Nest will serve as lead trial counsel for LinkedIn. However, I will also be deeply
involved in any trial. Moreover, I am the day-to-day manager of the case, while Mr. Van Nest
has had little or no day-to-day involvement, and none with discovery issues, including the
extensive prior meet-and-confer discussions over Bascom's infringement contentions. I have
been an attorney at Keker & Van Nest for more than sixteen years, and a partner for more than
ten years. I have made every court appearance in the case to date, while Mr. Van Nest has made
none, and I also communicate regularly with the client about the case.
Under these circumstances, I believe that the purpose behind Your Honor's meet-and-confer rule
will be best served by allowing me, rather than Mr. Van Nest, to meet-and-confer with the
Plaintiff over discovery disputes. Accordingly, I respectfully request that Your Honor permit
my participation to satisfy the meet-and-confer requirement in paragraph 1 of the July 25, 2013
Order.

775018.01

August 19, 2013
Page 2

Thank you very much.
Very truly yours,

David Silbert
DJS:js
Counsel of record (via email only)

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Dated 8/21/13

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