Waymo LLC v. Uber Technologies, Inc. et al

Filing 438

ORDER RE CASE MANAGEMENT CONFERENCE. Signed by Judge Alsup on 5/15/2017. (whalc2, COURT STAFF) (Filed on 5/15/2017)

Case 3:17-cv-00939-WHA Document 438 Filed 05/15/17 Page 1 of 1

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WAYMO LLC,

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For the Northern District of California

United States District Court

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No. C 17-00939 WHA

Plaintiff,
v.

ORDER RE CASE
MANAGEMENT
CONFERENCE

UBER TECHNOLOGIES, INC., et al.,

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Defendants.
/

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The Court is concerned that defendants may eventually wish to waive some claims of

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privilege in order to bolster their defense — for example, by explaining precautions they may

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have taken at the time of Otto’s acquisition to prevent Waymo’s confidential files from

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influencing defendants’ LiDAR research and development. To prevent discovery prejudice and

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waste of resources, defendants shall file a written statement by JUNE 1 AT NOON setting forth

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any waiver of privilege on pain of preclusion thereafter. Waymo may file a response by JUNE 5

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AT NOON.

This issue shall be discussed at the case management conference, which remains set

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for June 7 at 8:00 a.m. This is without prejudice to any argument that certain waivers of

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privilege are already too late to avoid discovery prejudice, or that certain claims of privilege

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should never have been asserted in the first place.

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IT IS SO ORDERED.

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Dated: May 15, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE