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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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) v. UBER TECHNOLOGIES, INC., et al., ORDER RE: DECLARATION FROM UBER REGARDING LATE-PRODUCED LEVANDOWSKI EMAILS AND DOCUMENTS Defendants. 12 13 At a telephonic discovery hearing on September 28, 2017, the Court learned that on 14 September 27, 2017—less than two weeks before trial--Uber advised Waymo that it had just 15 located 15,000 Anthony Levandowski Ottomotto emails and approximately 85 gigabytes of 16 Anthony Levandowski Ottomotto Google drive documents that Uber had not previously produced 17 (“Levandowski Otto Accounts”). Uber agreed to produce the Levandowski Otto Accounts by that 18 evening, September 28, 2017, and the Court assumes it did so. At the September 28, 2017 19 hearing, the Court ordered Uber to file by noon today, September 29, 2017, a declaration that 20 details how the emails and documents were found, where they were found, and why Uber did not 21 find them earlier. (Dkt. No. 1890 at 7.) 22 Uber did not file a declaration by noon as ordered and it did not seek an extension of time. 23 Instead, shortly after 2:00 p.m., it filed a declaration from Kevin Faulkner, a Managing Director 24 and head of the New York digital forensics lab at Stroz Friedberg. Mr. Faulkner submitted a 25 declaration in support of Uber’s opposition to Waymo’s motion for a preliminary injunction. He 26 also prepared an expert report opining on whether Waymo’s confidential material migrated to 27 Uber’s computer systems. (Dkt. No. 1894 ¶ 2.) 28 Faulkner’s declaration is inadequate. It is replete with hearsay regarding what unidentified 1 Uber people supposedly said or did. (See, e.g., id. ¶¶ 4, 8, 10, 13, 14.) Even that hearsay, 2 however, does not explain what information Uber had regarding the Levandowski Otto Accounts. 3 Accordingly, Uber is ordered to submit a declaration or declarations from in-house and/or 4 litigation attorneys that address in detail how and why the Levandowski Otto Accounts did not get 5 produced until less than two weeks before trial despite their significance to this case. These 6 declarations shall be filed on or before 10:00 a.m. on Monday, October 2, 2017. 7 8 IT IS SO ORDERED. Dated: September 29, 2017 9 JACQUELINE SCOTT CORLEY United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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