hiQ Labs, Inc. v. Linkedin Corporation

Filing 236


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1 2 3 4 5 6 7 8 9 ANNETTE L. HURST (SBN 148738) ahurst@orrick.com RUSSELL P. COHEN (SBN 213105) rcohen@orrick.com NATHAN SHAFFER (SBN 282015) nshaffer@orrick.com DANIEL JUSTICE (SBN 291907) djustice@orrick.com MARIA N. SOKOVA (SBN 323627) msokova@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: +1 415 773 5700 Facsimile: +1 415 773 5759 10 11 Attorneys for Defendant LinkedIn Corporation COREY WORCESTER (pro hac vice) coreyworcester@quinnemanuel.com RENITA SHARMA (pro hac vice) renitasharma@quinnemanuel.com HOPE SKIBITSKY (pro hac vice) hopeskibitsky@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN LLP 51 Madison Avenue, 22nd Floor New York, NY 10010 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 TERRY L. WIT (SBN 233473) terrywit@quinnemanuel.com QUINN EMANUEL URQUHART AND SULLIVAN LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: (415) 875-6331 Facsimile: (415) 875-6700 12 Attorneys for Plaintiff hiQ Labs, Inc. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 hiQ Labs, Inc., Plaintiff, vs. LinkedIn Corporation, Defendant. 22 23 24 25 26 27 Case No. 17-cv-03301-EMC STIPULATION AND [PROPOSED] ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES Complaint Filed: Trial Date: June 7, 2017 February 27, 2023 LinkedIn Corporation vs. Counterclaimant, hiQ Labs, Inc. Counterdefendant. 28 STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC 1 2 3 4 5 WHEREAS, on February 14, 2020, hiQ Labs, Inc. (“hiQ”) filed its first amended complaint (the “FAC”), which is the operative complaint in the instant action (ECF No. 131); and WHEREAS, on November 20, 2020, LinkedIn Corporation (“LinkedIn”) filed its answer to the FAC and Counterclaims (ECF No. 170); and WHEREAS, on August 10, 2021, the Court entered a scheduling order setting dates for 6 the close of discovery, the filing of dispositive motions, and trial (the “Scheduling Order”) (ECF 7 No. 211); and 8 9 10 WHEREAS, on September 3, 2021, hiQ filed its answer to LinkedIn’s counterclaims (ECF No. 214); and WHEREAS, LinkedIn and hiQ served written discovery at the first opportunity in June 11 2021, negotiated a stipulated protective order by August 2021, and then pursued several months 12 of negotiations before reaching an ESI agreement in November 2021; and 13 WHEREAS, since reaching an ESI agreement in November 2021, the parties have been 14 reviewing and producing documents and have pursued additional written and third-party 15 discovery, and also reached a stipulation regarding the scope of discovery and testimony relating 16 to experts; and 17 WHEREAS, the parties recently conducted a settlement status update call with Magistrate 18 Judge Ryu, and as a result of that call agreed to a settlement conference date of May 13, 2022, 19 and Judge Ryu issued an order setting the settlement conference for that date, as well as deadlines 20 for other requirements leading up to that conference (ECF No. 230); and 21 22 23 WHEREAS, the parties have each propounded comprehensive Rule 30(b)(6) deposition notices encompassing more than 35 topics but have not yet commenced such depositions; and WHEREAS, Rule 30 does not specify how depositions taken pursuant to Rule 30(b)(6) 24 will be counted towards the 10-deposition limit, and the parties have also reached a new 25 stipulation regarding the timing and counting of such deposition hours as reflected herein; and 26 WHEREAS, despite this substantial level of ongoing litigation activity pursued diligently 27 by the parties, there have been meaningful challenges involving the volume of ESI production, 28 including the review and production of large quantities of material to be produced from Slack, STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC 1 CRM databases, and other noncustodial sources, and the parties have a great deal of work 2 remaining to complete fact discovery and to conduct expert preparation and discovery; and 3 WHEREAS, the parties estimate the need to take the full number of depositions permitted 4 by Rule 30, if not more, and doing so will be highly impracticable, inefficient, and unduly 5 burdensome and expensive to both sides on the existing schedule in light of the remaining time 6 needed for document production; and 7 WHEREAS, a modest adjustment to the schedule will resolve the parties’ concerns and 8 will maintain the interval between summary judgment and trial required by this Court’s standard 9 form of scheduling order, will not impact the timing of the pretrial meet and confer, the filing of 10 motions in limine and oppositions to motions in limine, the joint pretrial order, objections to Rule 11 26(a)(3) disclosures, the final pretrial conference, or trial previously set by the court (ECF No. 12 210); and 13 14 15 WHEREAS, the parties intend to seek a new date for a settlement conference from Judge Ryu coincident with and subject to this Court’s approval of other scheduling changes; THEREFORE, in light of the development of circumstances as described herein and in the 16 accompanying Declaration of Annette Hurst, good cause exists for an extension of several case 17 dates and for the entry of an order addressing how Rule 30(b)(6) depositions will be counted 18 towards the 10-deposition limit, and it is hereby stipulated and agreed: 19 20 21 1. The parties agree to a revised case schedule set forth below and respectfully request that the Court enter the same as to a Rule 16 case management order. ACTION CURRENT DEADLINE PROPOSED DEADLINE 23 Written Discovery Cut-Off (Including Document Production) March 31, 2022 (no change) 24 Fact Deposition Discovery Cutoff 25 Motion to Compel – Fact Discovery April 7, 2022 May 25, 2022 Opening Expert Reports (A party with the burden of proof on any matter must serve its report on that issue on the opening report date.) April 14, 2022 June 3, 2022 22 26 27 28 May 20, 2022 -2- STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC 1 ACTION CURRENT DEADLINE PROPOSED DEADLINE Meet and Confer to discuss matters pertinent to improving the prospects that settlement negotiations will be productive April 29, 2022 Based on new settlement conference date to be determined by Judge Ryu Last court day to submit exchanged settlement conference statement and confidential settlement letter May 3, 2022 Based on new settlement conference date tbd by Judge Ryu Responsive Expert Reports May 5, 2022 June 24, 2022 Settlement Conference May 13, 2022 TBD based on Judge Ryu availability in June/July 2022 Expert Discovery Cut-Off May 26, 2022 July 20, 2022 Motion to Compel – Expert Discovery June 2, 2022 July 27, 2022 10 Dispositive and Daubert Motions July 5, 2022 August 5, 2022 11 Oppositions to Dispositive and Daubert Motions August 1, 2022 August 31, 2022 13 Replies to Oppositions to Dispositive and Daubert Motions August 11, 2022 September 12, 2022 14 Hearing on Dispositive and Daubert Motions August 25, 2022 September 30, 2022 15 FRCP 26(a)(3) Disclosures September 16, 2022 September 30, 2022 Pretrial Meet and Confer October 7, 2022 (no change) Motions in Limine October 14, 2022 (no change) Oppositions to Motions in Limine October 28, 2022 (no change) 20 Meet and Confer regarding preparation of Joint Pretrial Conference Statement December 20, 2022 (no change) 21 Joint Pretrial Conference Statement and Joint Pretrial Order January 10, 2023 (no change) Voir Dire questions, Joint Proposed Verdict Form, Joint Proposed Jury Instructions, Preliminary Statement to the Jury January 10, 2023 (no change) Trial Briefs January 10, 2023 (no change) Proposed Findings of Fact and Conclusions of Law January 10, 2023 (no change) 2 3 4 5 6 7 8 9 12 16 17 18 19 22 23 24 25 26 27 28 -3- STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC 1 2 3 4 5 ACTION CURRENT DEADLINE PROPOSED DEADLINE Witness List, Exhibit List, and Discovery Response Appendices and submit two sets of pre-marked exhibits to chambers January 10, 2023 (no change) Objections to FRCP 26(a)(3) Disclosures January 17, 2023 (no change) Final Pretrial Conference January 31, 2023 (no change) Trial February 27, 2023 (no change) 6 7 8 9 2. The parties have served comprehensive Rule 30(b)(6) deposition notices. A party 10 may elect to notice additional Rule 30(b)(6) topics for deposition so long as any such notice is 11 served no later than March 31, 2022. 12 3. The responding party will serve any objections to noticed topics no later than 14 13 days after the notice is served, and the parties will meet and confer regarding any objections 14 promptly thereafter. The parties will also meet and confer regarding the dates to be set for 15 deposition(s) on noticed topics in accordance with the Local Rules. 16 17 4. The responding party will identify the witness for each topic at least 5 business days in advance of the date a witness is to be produced on that topic. 18 19 20 21 22 23 24 25 26 27 28 -4- STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC 1 5. Each party may take up to eighteen (18) hours of Rule 30(b)(6) deposition testimony 2 on the record pursuant to notices served under this order, and those hours will count as a single 3 deposition towards the ten-deposition limit of Rule 30. 4 5 6 7 SO STIPULATED. Dated: February 18, 2022 8 Orrick, Herrington & Sutcliffe LLP By: 9 /s/ Annette L. Hurst ANNETTE L. HURST Attorney for Defendant LinkedIn Corporation 10 11 12 13 Dated: February 18, 2022 Quinn Emanuel Urquhart & Sullivan LLP 14 15 By: /s/ Hope Skibitsky HOPE SKIBITSKY Attorney for Plaintiff hiQ Labs, Inc. 16 17 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 February 24 Dated: ____________________, 2022 EDWARD M. CHEN United States District Judge 22 23 24 25 26 27 28 -5- STIP. & ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES 17-CV-03301-EMC

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