GoPro, Inc. v. 360Heros, Inc.

Filing 161

ORDER RE DISCOVERY DISPUTES (Illston, Susan) (Filed on 1/26/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GOPRO, INC.,

Case No. 16-cv-01944-SI

Plaintiff,

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ORDER RE DISCOVERY DISPUTES

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v.

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360HEROS, INC.,

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Re: Dkt. Nos. 124, 128, 134
Defendant.

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United States District Court
Northern District of California

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On January 16, 2018, the parties appeared before the Court for a telephonic status

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conference. Dkt. No. 156. During that time, the parties advised the Court of three outstanding

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discovery disputes. Dkt. Nos. 124, 128, and 134.

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GoPro moves the Court for an order that document Bates No. 360H-02458-02459

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produced by 360Heros cannot be clawed back as privileged. GoPro also petitions the Court to

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require production of all versions of the document. Dkt. No. 124. 360Heros opposes the request.

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Dkt. No. 128. Having reviewed the parties’ submissions, the Court GRANTS GoPro’s request and

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finds that attorney-client privilege was waived, the document cannot be clawed back as privileged,

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and 360Heros must produce the original, unredacted document. Dkt. Nos. 124, 128.

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360Heros moves for sanctions under FRCP 26(c) and 37(b) for GoPro’s alleged

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unauthorized disclosure of 360Hero’s confidential information. Dkt. 134. GoPro disputes the

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allegation. The Court finds finds that the record does not demonstrate the information was shared

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inappropriately or for any reason other than the purposes of the case, and therefore DENIES

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360Heros’ request.

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IT IS SO ORDERED.
Dated: January 26, 2018
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SUSAN ILLSTON
United States District Judge