Henry Schein, Inc. v. Cook
Filing
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ORDER RE EXPEDITED DISCOVERY re 21 STIPULATION WITH [PROPOSED] ORDER Re: Joint Expedited Discovery Plan filed by Henry Schein, Inc. Signed by Judge Jon S. Tigar on June 29, 2016. (wsn, COURT STAFF) (Filed on 6/29/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HENRY SCHEIN, INC.,
Case No. 16-cv-03166-JST
Plaintiff,
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ORDER RE EXPEDITED DISCOVERY
v.
Re: ECF No. 21
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JENNIFER COOK,
Defendant.
United States District Court
Northern District of California
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The parties have submitted a joint stipulated expedited discovery plan in this trade secrets
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case. ECF No. 21. One evident purpose of the agreement is to allow the parties quickly to obtain
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the information they need to evaluate whether the case can be settled in the near term. See id. at 1
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(“The expedited discovery is preliminary. It shall not prejudice the parties’ rights to conduct more
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fulsome discovery in the normal course should this case not resolve.”) The Court adopts the
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parties’ proposed stipulation as its order. See id. at 21-1 to 21-2.
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In their stipulation, the parties identify a dispute regarding Defendant’s deposition.
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Plaintiff seeks an order allowing it to conduct an additional session of that deposition “during
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regular discovery, should the case not resolve and that become necessary.” Id. at 2. Defendant
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asks that the Court prohibit Plaintiff in any subsequent session of her deposition from revisiting
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issues addressed in the first session. Id. at 3.
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The Court will permit a later session of Plaintiff’s deposition if the case does not resolve.
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The Court will not now preclude Plaintiff at a later session of Defendant’s deposition from
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revisiting issues raised in the first session. Because discovery has not begun, it is not possible to
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know at this stage what information might later come to light as discovery progresses. The parties
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have done a commendable job of identifying the triage discovery they need to conduct settlement
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negotiations. Not surprisingly, that includes Defendant’s deposition. It is not possible for the
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parties to know, or the Court to determine, at this point whether more comprehensive discovery
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will reveal the need to revisit topics from the first session of Defendant’s deposition. If necessary,
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the parties can ask the Court to make that determination later on a fuller record.
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IT IS SO ORDERED.
Dated: June 29, 2016
______________________________________
JON S. TIGAR
United States District Judge
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United States District Court
Northern District of California
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