VinterActive, LLC v. OptiRev, LLC

Filing 39

ORDER RE DISCOVERY (Illston, Susan) (Filed on 3/15/2016)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

VINTERACTIVE, LLC,

Case No. 15-cv-02903-SI

Plaintiff/Counterdefendant,
10
v.

ORDER RE: DISCOVERY

United States District Court
Northern District of California

11
12

OPTIREV, LLC,

Re: Dkt. No. 38

Defendant/Counterclaimant.
13
14
15

On March 10, 2016, defendant/counterclaimant OptiRev, LLC filed an individual

16

statement regarding a discovery dispute. OptiRev requests permission to file a motion to compel

17

the production of various documents, such as all copyright registration applications and

18

registrations relating to the subject matter of this litigation. OptiRev states that it has repeatedly

19

requested these documents from VinterActive, and that VinterActive states that the documents are

20

in the possession of its former counsel and that VinterActive has requested the documents from its

21

former counsel. In lieu of the requested documents, VinterActive has produced printouts from the

22

Copyright Office website, which OptiRev contends are incomplete.

23

VinterActive disputes the existence of a dispute and VinterActive was unwilling to file a joint

24

statement regarding the discovery dispute.

According to OptiRev,

25

The Court's standing order provides that in the event that parties are not able to file a joint

26

statement regarding a discovery dispute, each side may file a brief individual statement. As of

27

March 15, 2016, VinterActive has not filed an individual statement.

28

The Court GRANTS OptiRev's request for permission to file a motion to compel and to

1

seek costs pursuant to Federal Rule of Civil Procedure 37. The Court encourages the parties to

2

attempt to resolve this dispute without the need for the filing of a motion to compel.

3
4

IT IS SO ORDERED.

5
6
7
8

Dated: March 15, 2016
______________________________________
SUSAN ILLSTON
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2