Loop AI Labs, Inc. v. Gatti et al

Filing 367

Order by Magistrate Judge Donna M. Ryu provisionally granting 359 Motion for Leave to File.(dmrlc1, COURT STAFF) (Filed on 1/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOOP AI LABS INC,

Case No. 15-cv-00798-HSG (DMR)

Plaintiff,
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v.
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ANNA GATTI, et al.,
Defendants.

ORDER RE APPLICATION FOR
LEAVE TO SUBMIT PRIVILEGED
INFORMATION IN CAMERA
Re: Dkt. No. 359

United States District Court
Northern District of California

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On December 10, 2015, the court conducted a discovery hearing and ordered Plaintiff to

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produce its Rule 30(b)(6) witness for deposition on January 25, 2016. The court also ordered the

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parties to submit a joint letter addressing remaining disputes regarding Defendant Almawave

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USA’s 30(b)(6) deposition notice to Plaintiff by December 23, 2015. [Docket No. 323.] The

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parties timely filed the joint letter regarding the 30(b)(6) deposition notice. [Docket No. 336.]

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On December 28, 2015, Plaintiff filed objections to the court’s order setting the 30(b)(6)

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deposition on January 25, 2016 with the Hon. Haywood S. Gilliam, asserting that it lacks

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sufficient time to prepare its Chief Executive Officer to be deposed by January 25, 2016. [Docket

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No. 347.] Almawave USA filed a response to Plaintiff’s objections in which it states that it does

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not object to continuing Plaintiff’s 30(b)(6) deposition to February 2016 as long as the deposition

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of Plaintiff’s CEO and co-founder, Gianmauro Calafiore, in his personal capacity proceeds as

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scheduled on January 25, 2016. [Docket No. 352.]

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On January 7, 2016, Plaintiff filed a “reply” in further support of its objections before

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Judge Gilliam, reiterating its objections to proceeding with the 30(b)(6) deposition on January 25,

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2016, along with an application for leave to submit privileged information in camera. [Docket

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Nos. 358, 359.] In its application, Plaintiff seeks leave from Judge Gilliam to submit for in

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camera review a letter detailing reasons for Calafiore’s unavailability for deposition in December

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2015, “which reasons persist and require additional time for his deposition.” [Docket No. 359 at

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1.] Judge Gilliam has referred Plaintiff’s application to the undersigned. [Docket No. 364.] In its

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application, Plaintiff characterizes the information about Calafiore that it seeks to submit in

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camera as “highly confidential and . . . not relevant to the merits of any aspect of the case.”

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[Docket No. 359 at 1.] While it is not clear to the court at this point whether it is appropriate for

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the information about Calafiore to remain out of the public record, the court provisionally grants

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Plaintiff permission to submit a one-page letter to the court regarding Calafiore’s unavailability,

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along with any supporting evidence. This information shall be lodged with the court by the close

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of business on January 11, 2016.

S

R NIA

______________________________________
Donna M. Ryu yu
M. R
United StatesaMagistrate Judge
Donn

H

ER

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Judge

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Dated: January 8, 2016

DERED

O OR
IT IS S

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UNIT
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IT IS SO ORDERED.

NO

United States District Court
Northern District of California

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