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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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)
ORDER RE: PARAGRAPH SIX OF
DISTRICT COURT'S PI ORDER

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

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On May 11, 2017 the district court granted in part Waymo’s motion for a preliminary

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injunction. Among other remedies, the court granted Waymo “further expedited discovery in aid

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of possible further provisional relief.” The court also stated that “[a]fter Waymo has exhausted its

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expedited discovery, it may continue with normal discovery.” (Dkt. No. 433 at 25-26.) Uber

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interprets this Order as staying normal discovery until Waymo exhausts its permitted expedited

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discovery, while Waymo insists the district court intended no such thing as a delay in normal

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discovery would prejudice Waymo given the short time frame to complete discovery. After

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reviewing the district court’s order, and conferring with the district court, the Court rules that

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Waymo must first proceed with the expedited discovery ordered in the district court’s preliminary

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injunction order. Once Waymo exhausts the expedited discovery, it may continue discovery with

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the standard deadlines. Waymo may, however, concurrently propound requests for admissions

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since the district court’s expedited discovery order did not provide for such discovery. Further,

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Waymo does not need to propound new discovery requests if it wishes the expedited schedule to

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apply to previously-requested discovery. This process is not designed to alleviate any burden on

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Uber, but rather to ensure that the expedited discovery process is exhausted first. This discovery

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phasing may be revisited depending on the progress of the expedited discovery. The third-party

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discovery as to Gorilla Circuits may proceed, as agreed to by Uber.

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Uber may continue its discovery; however, it is not expedited.

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IT IS SO ORDERED.

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Dated: May 15, 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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