Waymo LLC v. Uber Technologies, Inc. et al

Filing 441

Discovery Order re: Waymo's expedited discovery. Signed by Judge Jacqueline Scott Corley on 5/15/2017. (Corley, Jacqueline) (Filed on 5/15/2017)

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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: PARAGRAPH SIX OF DISTRICT COURT'S PI ORDER v. UBER TECHNOLOGIES, INC., et al., Defendants. 12 13 On May 11, 2017 the district court granted in part Waymo’s motion for a preliminary 14 injunction. Among other remedies, the court granted Waymo “further expedited discovery in aid 15 of possible further provisional relief.” The court also stated that “[a]fter Waymo has exhausted its 16 expedited discovery, it may continue with normal discovery.” (Dkt. No. 433 at 25-26.) Uber 17 interprets this Order as staying normal discovery until Waymo exhausts its permitted expedited 18 discovery, while Waymo insists the district court intended no such thing as a delay in normal 19 discovery would prejudice Waymo given the short time frame to complete discovery. After 20 reviewing the district court’s order, and conferring with the district court, the Court rules that 21 Waymo must first proceed with the expedited discovery ordered in the district court’s preliminary 22 injunction order. Once Waymo exhausts the expedited discovery, it may continue discovery with 23 the standard deadlines. Waymo may, however, concurrently propound requests for admissions 24 since the district court’s expedited discovery order did not provide for such discovery. Further, 25 Waymo does not need to propound new discovery requests if it wishes the expedited schedule to 26 apply to previously-requested discovery. This process is not designed to alleviate any burden on 27 Uber, but rather to ensure that the expedited discovery process is exhausted first. This discovery 28 phasing may be revisited depending on the progress of the expedited discovery. The third-party 1 discovery as to Gorilla Circuits may proceed, as agreed to by Uber. 2 Uber may continue its discovery; however, it is not expedited. 3 IT IS SO ORDERED. 4 Dated: May 15, 2017 5 JACQUELINE SCOTT CORLEY United States Magistrate Judge 6 7 8 9 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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