hiQ Labs, Inc. v. Linkedin Corporation

Filing 236

ORDER Granting as to #233 STIPULATION AND ORDER AMENDING CASE SCHEDULE AND PROVIDING FOR CERTAIN DEPOSITION PROCEDURES. Signed by Judge Edward M. Chen on 2/24/2022. (vla, COURT STAFF) (Filed on 2/24/2022)

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ANNETTE L. HURST (SBN 148738)
[e-mail]
RUSSELL P. COHEN (SBN 213105)
[e-mail]
NATHAN SHAFFER (SBN 282015)
[e-mail]
DANIEL JUSTICE (SBN 291907)
[e-mail]
MARIA N. SOKOVA (SBN 323627)
[e-mail]
ORRICK, HERRINGTON &
SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant LinkedIn
Corporation

COREY WORCESTER (pro hac vice)
[e-mail]
RENITA SHARMA (pro hac vice)
[e-mail]
HOPE SKIBITSKY (pro hac vice)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone:
[phone]
Facsimile:
[phone]
TERRY L. WIT (SBN 233473)
[e-mail]
QUINN EMANUEL URQUHART AND
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff hiQ Labs, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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hiQ Labs, Inc.,
Plaintiff,
vs.
LinkedIn Corporation,
Defendant.

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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.

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STIP. & ORDER AMENDING CASE SCHEDULE AND
PROVIDING FOR CERTAIN DEPOSITION PROCEDURES
17-CV-03301-EMC

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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

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the close of discovery, the filing of dispositive motions, and trial (the “Scheduling Order”) (ECF

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No. 211); and

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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

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2021, negotiated a stipulated protective order by August 2021, and then pursued several months

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of negotiations before reaching an ESI agreement in November 2021; and

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WHEREAS, since reaching an ESI agreement in November 2021, the parties have been

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reviewing and producing documents and have pursued additional written and third-party

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discovery, and also reached a stipulation regarding the scope of discovery and testimony relating

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to experts; and

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WHEREAS, the parties recently conducted a settlement status update call with Magistrate

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Judge Ryu, and as a result of that call agreed to a settlement conference date of May 13, 2022,

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and Judge Ryu issued an order setting the settlement conference for that date, as well as deadlines

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for other requirements leading up to that conference (ECF No. 230); and

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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)

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will be counted towards the 10-deposition limit, and the parties have also reached a new

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stipulation regarding the timing and counting of such deposition hours as reflected herein; and

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WHEREAS, despite this substantial level of ongoing litigation activity pursued diligently

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by the parties, there have been meaningful challenges involving the volume of ESI production,

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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

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CRM databases, and other noncustodial sources, and the parties have a great deal of work

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remaining to complete fact discovery and to conduct expert preparation and discovery; and

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WHEREAS, the parties estimate the need to take the full number of depositions permitted

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by Rule 30, if not more, and doing so will be highly impracticable, inefficient, and unduly

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burdensome and expensive to both sides on the existing schedule in light of the remaining time

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needed for document production; and

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WHEREAS, a modest adjustment to the schedule will resolve the parties’ concerns and

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will maintain the interval between summary judgment and trial required by this Court’s standard

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form of scheduling order, will not impact the timing of the pretrial meet and confer, the filing of

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motions in limine and oppositions to motions in limine, the joint pretrial order, objections to Rule

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26(a)(3) disclosures, the final pretrial conference, or trial previously set by the court (ECF No.

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210); and

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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

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accompanying Declaration of Annette Hurst, good cause exists for an extension of several case

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dates and for the entry of an order addressing how Rule 30(b)(6) depositions will be counted

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towards the 10-deposition limit, and it is hereby stipulated and agreed:

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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

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Written Discovery Cut-Off
(Including Document Production)

March 31, 2022

(no change)

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Fact Deposition Discovery Cutoff

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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

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May 20, 2022

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STIP. & ORDER AMENDING CASE SCHEDULE AND
PROVIDING FOR CERTAIN DEPOSITION PROCEDURES
17-CV-03301-EMC

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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

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Dispositive and Daubert Motions

July 5, 2022

August 5, 2022

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Oppositions to Dispositive and Daubert
Motions

August 1, 2022

August 31, 2022

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Replies to Oppositions to Dispositive and
Daubert Motions

August 11, 2022

September 12, 2022

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Hearing on Dispositive and Daubert
Motions

August 25, 2022

September 30, 2022

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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)

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Meet and Confer regarding preparation of
Joint Pretrial Conference Statement

December 20,
2022

(no change)

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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)

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STIP. & ORDER AMENDING CASE SCHEDULE AND
PROVIDING FOR CERTAIN DEPOSITION PROCEDURES
17-CV-03301-EMC

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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)

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2.

The parties have served comprehensive Rule 30(b)(6) deposition notices. A party

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may elect to notice additional Rule 30(b)(6) topics for deposition so long as any such notice is

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served no later than March 31, 2022.

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3.

The responding party will serve any objections to noticed topics no later than 14

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days after the notice is served, and the parties will meet and confer regarding any objections

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promptly thereafter. The parties will also meet and confer regarding the dates to be set for

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deposition(s) on noticed topics in accordance with the Local Rules.

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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.

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STIP. & ORDER AMENDING CASE SCHEDULE AND
PROVIDING FOR CERTAIN DEPOSITION PROCEDURES
17-CV-03301-EMC

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5.

Each party may take up to eighteen (18) hours of Rule 30(b)(6) deposition testimony

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on the record pursuant to notices served under this order, and those hours will count as a single

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deposition towards the ten-deposition limit of Rule 30.

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SO STIPULATED.
Dated: February 18, 2022

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Orrick, Herrington & Sutcliffe LLP

By:

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/s/ Annette L. Hurst
ANNETTE L. HURST
Attorney for Defendant
LinkedIn Corporation

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Dated: February 18, 2022

Quinn Emanuel Urquhart & Sullivan LLP

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By:

/s/ Hope Skibitsky
HOPE SKIBITSKY
Attorney for Plaintiff
hiQ Labs, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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February 24
Dated: ____________________, 2022
EDWARD M. CHEN
United States District Judge

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STIP. & ORDER AMENDING CASE SCHEDULE AND
PROVIDING FOR CERTAIN DEPOSITION PROCEDURES
17-CV-03301-EMC