Optrics Inc v. Barracuda Networks Inc

Filing 128

Discovery Order Scheduling meet and confer re 126 Letter, 124 Discovery Letter Brief - Discovery Letter Quashing Subpoena re Nonparty Thoma Bravo LLC. Signed by Magistrate Judge Thomas S. Hixson on 10/23/2019. (rmm2S, COURT STAFF) (Filed on 10/23/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPTRICS INC,
Plaintiff,

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DISCOVERY ORDER

v.

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Case No. 17-cv-04977 RS (TSH)

Re: Dkt. Nos. 124, 126
BARRACUDA NETWORKS INC,
Defendant.

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Non-party Thoma Bravo has filed a letter brief moving to quash Optrics’ deposition

United States District Court
Northern District of California

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subpoena, and Optrics has filed an opposition. ECF Nos. 124, 126. It is evident from the filings

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that Thoma Bravo and Optrics have not adequately met and conferred. Many of the disputes at

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issue here, such witness fees, adequacy of service, the date and location of the deposition, what is

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the right legal entity to serve, and the breadth of the subpoena can commonly be resolved or at

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least narrowed before asking for Court intervention. There is no indication the parties made a

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serious attempt to do that. Accordingly, the Court ORDERS as follows:

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1.

Counsel for Thoma Bravo and Optrics shall meet and confer in person at the

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federal courthouse at 450 Golden Gate Avenue in San Francisco on October 25, 2019. They shall

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arrive in courtroom A on the 15th floor by 9:00 a.m., and the Courtroom Deputy will bring them

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to a conference room where they shall conduct the meet and confer.

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2.

If this meet and confer does not resolve the disputes over this deposition subpoena,

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the parties shall file a joint discovery letter brief describing the remaining disputes by noon on

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October 28, 2019.

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IT IS SO ORDERED.

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Dated: October 23, 2019

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THOMAS S. HIXSON
United States Magistrate Judge