Waymo LLC v. Uber Technologies, Inc. et al

Filing 1508

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part #1438 Otto Trucking's Motion to Compel Depositions of Nathaniel Fairfield, Leah Bijnens, John Krafcik, and Andrew Barton Sweeney (ahm, COURT STAFF) (Filed on 9/11/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYMO LLC, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.17-cv-00939-WHA (JSC) ORDER RE: OTTO TRUCKING’S MOTION TO COMPEL DEPOSITIONS v. UBER TECHNOLOGIES, INC., et al., Re: Dkt. No. 1438 Defendants. 12 13 Otto Trucking seeks to compel depositions of four Waymo employees related to their 14 knowledge of Mr. Levandowski’s involvement with Odin Wave and Tyto. (Dkt. No. 1438.) 15 Waymo objects on the grounds that it has not waived its attorney work-product privilege as to the 16 investigation conducted by its security team (the “Security Investigation.”). Otto Trucking’s 17 motion is GRANTED in part and DENIED in part. 18 The Court agrees that Waymo has not waived the privilege as to its Security Investigation. 19 That does not mean, however, that it can shield from discovery witnesses who have percipient 20 knowledge of Mr. Levandowski’s involvement in side businesses just because the witnesses were 21 discovered during the investigation. From the record it appears that Andrew Barton-Sweeney has 22 percipient knowledge of these entities and/or Mr. Levandowski’s alleged side businesses, that is, 23 knowledge acquired separate and apart from any Security Investigation. If so, Waymo shall make 24 him available for a deposition, not to exceed two hours, and limited solely to his knowledge of 25 Odin Wave, Tyto, and any other side businesses engaged in by Mr. Levandowski. Waymo’s 26 opposition does not address this witness, or Nathaniel Fairfield, discussed below. 27 28 Nathaniel Fairfield appears to have obtained his knowledge from current Uber employee Gaeten Pennecot. However, the record suggests that Mr. Fairfield may have additional 1 information regarding Odin Wave. Accordingly, Otto Trucking may take his deposition with the 2 same limitations as apply to Mr. Barton-Sweeney. 3 As Mr. Krafcik and Ms. Bijnens do not appear to have knowledge separate from that 4 acquired during the privileged investigation, Otto Trucking’s motion to compel their further 5 depositions is denied. 6 7 Mr. Levandowski’s involvement with side businesses is at issue in this lawsuit; indeed, Waymo previously moved to compel documents regarding Tyto and Odin Wave. 8 The depositions shall occur on or before September 15, 2017. 9 This Order disposes of Docket No. 1438. 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: September 11, 2017 12 13 JACQUELINE SCOTT CORLEY United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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