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)

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Case 3:17-cv-00939-WHA Document 438 Filed 05/15/17 Page 1 of 1 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 WAYMO LLC, 11 For the Northern District of California United States District Court 10 12 No. C 17-00939 WHA Plaintiff, v. ORDER RE CASE MANAGEMENT CONFERENCE UBER TECHNOLOGIES, INC., et al., 13 Defendants. / 14 15 The Court is concerned that defendants may eventually wish to waive some claims of 16 privilege in order to bolster their defense — for example, by explaining precautions they may 17 have taken at the time of Otto’s acquisition to prevent Waymo’s confidential files from 18 influencing defendants’ LiDAR research and development. To prevent discovery prejudice and 19 waste of resources, defendants shall file a written statement by JUNE 1 AT NOON setting forth 20 any waiver of privilege on pain of preclusion thereafter. Waymo may file a response by JUNE 5 21 AT NOON. This issue shall be discussed at the case management conference, which remains set 22 for June 7 at 8:00 a.m. This is without prejudice to any argument that certain waivers of 23 privilege are already too late to avoid discovery prejudice, or that certain claims of privilege 24 should never have been asserted in the first place. 25 26 IT IS SO ORDERED. 27 28 Dated: May 15, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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