Grouse River Outfitters Ltd v. NetSuite, Inc.

Filing 184

Discovery Order. In the attached order, the court addresses the discovery and case-management disputes discussed at today's hearing. The court will address the motion to exclude expert testimony in a separate order. (Beeler, Laurel) (Filed on 1/17/2019)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 GROUSE RIVER OUTFITTERS LTD, 12 Plaintiff, 14 CASE-MANAGEMENT ORDER v. 13 Case No. 16-cv-02954-LB ORACLE CORPORATION, Defendant. 15 16 17 The court orders the following. 18 First, Grouse River represented that it would confine its fraud case to the specific statements in 19 20 the court’s order at ECF No. 88. Second, within two weeks (meaning, by January 31, 2019), Grouse River must produce all 21 financial information in its possession through 2017 that is responsive to Oracle’s discovery 22 requests. 23 Third, Oracle must check to see whether it can provide Grouse River access to its information 24 by reopening the NetSuite platform. If it can, then within two weeks after that access is up and 25 running, Grouse River must produce all financial information in its possession (through the 26 NetSuite platform) through 2017 that is responsive to Oracle’s discovery requests. The court must 27 update the court within one week about whether it can provide access to the platform. 28 ORDER – No. 16-cv-02954-LB  1 2 3 Fourth, within two weeks (meaning, by January 31, 2019), Grouse River must provide its verified responses to Oracle’s interrogatory requests. Fifth, Oracle may make the two copies of the database it described at the January 17 hearing. It 4 must produce one to Grouse River, which must produce within two weeks of receipt all financial 5 information through 2017 that is responsive to Oracle’s discovery requests. Oracle may retain one 6 copy but may not review it absent stipulation of the parties or further order of the court. 7 Sixth, within two weeks after its receipt of Grouse River’s productions (presumably by 8 January 31, 2019 for round one productions and possibly a few days later if Oracle is able to grant 9 access to the NetSuite platform), Oracle must confer with its expert, identify a schedule for updated expert reports, and discuss its proposal with Grouse River by telephone if possible and if 11 United States District Court Northern District of California 10 not, by email. Grouse River has two business days after that to respond. Two business days after 12 that, the parties must file a joint update that includes the dates for updated expert reports (if any) 13 and expert depositions. If there are other mop-up depositions that the parties propose, they must 14 decide on dates and include them in their joint statement, even if they disagree about whether the 15 depositions should go forward. This process will result in an update to the court on these issues by 16 roughly February 18, 2019. 17 18 Seventh, the court sets a further case-management conference for February 21, 2019 at 11:00 a.m. 19 The court will address the motion to exclude the expert in a separate order. 20 IT IS SO ORDERED. 21 Dated: January 17, 2019 ______________________________________ LAUREL BEELER United States Magistrate Judge 22 23 24 25 26 27 28 ORDER – No. 16-cv-02954-LB 2 

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