VinterActive, LLC v. OptiRev, LLC
Filing
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ORDER RE DISCOVERY (Illston, Susan) (Filed on 3/15/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VINTERACTIVE, LLC,
Case No. 15-cv-02903-SI
Plaintiff/Counterdefendant,
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v.
ORDER RE: DISCOVERY
United States District Court
Northern District of California
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OPTIREV, LLC,
Re: Dkt. No. 38
Defendant/Counterclaimant.
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On March 10, 2016, defendant/counterclaimant OptiRev, LLC filed an individual
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statement regarding a discovery dispute. OptiRev requests permission to file a motion to compel
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the production of various documents, such as all copyright registration applications and
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registrations relating to the subject matter of this litigation. OptiRev states that it has repeatedly
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requested these documents from VinterActive, and that VinterActive states that the documents are
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in the possession of its former counsel and that VinterActive has requested the documents from its
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former counsel. In lieu of the requested documents, VinterActive has produced printouts from the
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Copyright Office website, which OptiRev contends are incomplete.
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VinterActive disputes the existence of a dispute and VinterActive was unwilling to file a joint
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statement regarding the discovery dispute.
According to OptiRev,
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The Court's standing order provides that in the event that parties are not able to file a joint
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statement regarding a discovery dispute, each side may file a brief individual statement. As of
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March 15, 2016, VinterActive has not filed an individual statement.
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The Court GRANTS OptiRev's request for permission to file a motion to compel and to
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seek costs pursuant to Federal Rule of Civil Procedure 37. The Court encourages the parties to
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attempt to resolve this dispute without the need for the filing of a motion to compel.
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IT IS SO ORDERED.
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Dated: March 15, 2016
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SUSAN ILLSTON
United States District Judge
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United States District Court
Northern District of California
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