Waymo LLC v. Uber Technologies, Inc. et al

Filing 1903

ORDER re #1893 Declaration of Kevin Faulkner Regarding Google Drive and Gmail Migration #1894 Declaration in Support filed by Uber Technologies, Inc., Ottomotto LLC. Signed by Judge Jacqueline S. Corley on September 29, 2017. (jsclc1S, COURT STAFF) (Filed on 9/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYMO LLC,
Plaintiff,

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United States District Court
Northern District of California

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Case No.17-cv-00939-WHA (JSC)

v.
UBER TECHNOLOGIES, INC., et al.,

ORDER RE: DECLARATION FROM
UBER REGARDING LATE-PRODUCED
LEVANDOWSKI EMAILS AND
DOCUMENTS

Defendants.

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At a telephonic discovery hearing on September 28, 2017, the Court learned that on

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September 27, 2017—less than two weeks before trial--Uber advised Waymo that it had just

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located 15,000 Anthony Levandowski Ottomotto emails and approximately 85 gigabytes of

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Anthony Levandowski Ottomotto Google drive documents that Uber had not previously produced

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(“Levandowski Otto Accounts”). Uber agreed to produce the Levandowski Otto Accounts by that

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evening, September 28, 2017, and the Court assumes it did so. At the September 28, 2017

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hearing, the Court ordered Uber to file by noon today, September 29, 2017, a declaration that

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details how the emails and documents were found, where they were found, and why Uber did not

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find them earlier. (Dkt. No. 1890 at 7.)

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Uber did not file a declaration by noon as ordered and it did not seek an extension of time.

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Instead, shortly after 2:00 p.m., it filed a declaration from Kevin Faulkner, a Managing Director

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and head of the New York digital forensics lab at Stroz Friedberg. Mr. Faulkner submitted a

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declaration in support of Uber’s opposition to Waymo’s motion for a preliminary injunction. He

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also prepared an expert report opining on whether Waymo’s confidential material migrated to

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Uber’s computer systems. (Dkt. No. 1894 ¶ 2.)

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Faulkner’s declaration is inadequate. It is replete with hearsay regarding what unidentified

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Uber people supposedly said or did. (See, e.g., id. ¶¶ 4, 8, 10, 13, 14.) Even that hearsay,

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however, does not explain what information Uber had regarding the Levandowski Otto Accounts.

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Accordingly, Uber is ordered to submit a declaration or declarations from in-house and/or

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litigation attorneys that address in detail how and why the Levandowski Otto Accounts did not get

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produced until less than two weeks before trial despite their significance to this case. These

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declarations shall be filed on or before 10:00 a.m. on Monday, October 2, 2017.

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IT IS SO ORDERED.
Dated: September 29, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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