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

Filing 78

Discovery Order re: Docket Nos. 63 , 65 , and 66 . Signed by Judge Maria-Elena James on 10/7/2014. (cdnS, COURT STAFF) (Filed on 10/7/2014)

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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. Nos. 63, 65-66

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SEARCHMETRICS, GMBH., et al.,
Defendants.

United States District Court
Northern District of California

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Pending before the Court are three discovery letters from the parties. In the first, Plaintiff

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BrightEdge requests that the Court compel Searchmetrics to produce its entire Sugar CRM

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database, including all versions of the database saved over time and any logs which evidence

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changes made to the database. Dkt. No. 63. In the second, BrightEdge requests that the Court

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deny Searchmetrics’ request that the Model Stipulated Protective Order apply in this case, and that

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the Court order Searchmetrics to search for and produce all nonprivileged email responsive to

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BrightEdge’s Document Requests. Dkt. No. 65. In the alternative, BrightEdge requests that the

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Court enter BrightEdge’s Proposed Order Regarding Email Discovery, attached as Exhibit A to

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the letter, and order Searchmetrics to search for and produce email responsive to BrightEdge’s

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Phase One requests. Id. Searchmetrics requests that the Court enter the Model Order. Id. In the

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third, BrightEdge requests that the Court compel Searchmetrics to respond after a proper

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investigation to 19 requests for production. Dkt. No. 66. Searchmetrics requests that the Court

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deny BrightEdge’s request to compel the production in response to these overbroad requests and

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deny BrightEdge’s premature request for a date by when the parties must substantially complete

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document production. Id.

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Upon review of the parties’ positions, the Court ORDERS as follows:

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1)

Searchmetrics shall produce the CRM database documents, as narrowed by its

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representations in the joint letter. If BrightEdge is not satisfied by Searchmetrics’

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production, the parties shall further meet and confer in compliance with the

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undersigned’s Discovery Standing Order;

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2)

Searchmetrics shall produce all nonprivileged email responsive to BrightEdge’s

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document requests, subject to the Model Stipulated Protective Order. If

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BrightEdge is not satisfied by Searchmetrics’ production, the parties shall further

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meet and confer in compliance with the standing order; and

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3)

Searchmetrics shall produce the 19 categories of documents, as narrowed by its
representations in the joint letter. If BrightEdge is not satisfied by Searchmetrics’

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United States District Court
Northern District of California

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production, the parties shall further meet and confer in compliance with the

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undersigned’s standing order.

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Searchmetrics’ production shall take place by October 21, 2014.

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IT IS SO ORDERED.

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Dated: October 7, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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