BrightEdge Technologies, Inc. v. Searchmetrics, GmbH. et al

Filing 47

Discovery Order re: Dkt. No. 44. Signed by Judge Maria-Elena James on 7/17/2014. (cdnS, COURT STAFF) (Filed on 7/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRIGHTEDGE TECHNOLOGIES, INC.,

Case No. 14-cv-01009-WHO (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 44

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SEARCHMETRICS, GMBH., et al.,
Defendants.

United States District Court
Northern District of California

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The Court is in receipt of Plaintiff BrightEdge Technologies request that the Court relieve

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it of the in person meet and confer requirement for discovery disputes regarding its requests for

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production, and that the Court grant Plaintiff leave to file its letters on these disputes without

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needing to obtain Defendants’ portions. Dkt. No. 44. Defendants Searchmetrics GmbH and

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Searchmetrics, Inc. have filed a response, arguing that Plaintiff’s request is an improper attempt to

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bypass this Court’s requirements that parties meet and confer in good faith to genuinely attempt to

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resolve disputes prior to involving the Court. Dkt. No. 46. Defendants maintain that Plaintiff

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seeks to unilaterally impose unreasonable and arbitrary meet and confer requirements on them to

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obstruct the discovery process and harass and them.

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Upon review of the parties’ filings, the Court DENIES Plaintiff’s requests to relieve it of

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the in person meet and confer requirement and file its letters without Defendants’ portions. The

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parties are ORDERED to meet and confer, over a reasonable timeframe and in good faith, to

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discuss these disputes. After the parties have discussed the issues, understand the other party’s

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positions, and determine they cannot reach agreement, the parties should then meet and confer in

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person in a genuine attempt to try to resolve the dispute before involving the Court. So as to

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ensure compliance with the spirit of the meet and confer requirement, the parties shall make a

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contemporaneous record of any in person meeting using a court reporter or electronic recording

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device. The parties are advised that, if any joint letters are filed, the Court may request a copy of

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the transcript from the in person meeting.

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IT IS SO ORDERED.

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Dated: July 17, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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