Optrics Inc v. Barracuda Networks Inc

Filing 166

Discovery Order: Administrative Motion to File Under Seal filed by Barracuda Networks Inc (ECF No. 157 ) is DENIED. Further information is required re: ECF Nos. 158-65, as discussed herein. Signed by Judge Thomas S. Hixson on 1/6/2020. (cdnS, COURT STAFF) (Filed on 1/6/2020)

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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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United States District Court
Northern District of California

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

v.

Re: Dkt. Nos. 157 to 165
BARRACUDA NETWORKS, INC.,
Defendant.

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On December 23, 2019, Barracuda filed a discovery letter brief concerning written

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discovery and depositions. ECF No. 159. Optrics filed a response on December 30, 2019. ECF

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No. 164. Barracuda’s letter cites certain documents by Bates number as part of its argument that

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responsive evidence exists. However, Barracuda did not provide the documents themselves, and

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mere citations to Bates numbers are unhelpful. The Court ORDERS Barracuda to file the cited

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documents by January 8, 2020.

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On December 23, 2019, Barracuda filed a motion to seal in connection with a discovery

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letter brief. ECF No. 157. Barracuda did not contend that any of the cited materials are

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confidential. Rather, it moved to seal because Optrics had designated the materials as confidential

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pursuant to the protective order in this action. In this situation, Optrics was required to file an

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affidavit within four days establishing that the materials warrant sealing. See Civil L.R. 79-

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5(e)(1). It didn’t do so. Accordingly, the motion to seal at ECF No. 157 is DENIED.

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On December 23, 2019, Barracuda filed a discovery letter brief concerning requests for

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admission. ECF No. 158. On December 30, 2019, Optrics filed a response. ECF No. 163. Both

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parties discuss certain documents by Bates number. It is difficult for the Court to evaluate the

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parties’ arguments without seeing the cited documents. The Court ORDERS Barracuda to file the

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cited documents by January 8, 2020.

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On December 30, 2019, Optrics filed a discovery letter brief seeking to compel the

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deposition of non-party David Faugno, Barracuda’s former CFO. ECF No. 162. However, there

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is no indication that Barracuda’s counsel represent Mr. Faugno, and there is no proof of service

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indicating that the discovery letter brief was served on Mr. Faugno or anyone representing him.

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The Court ORDERS Optrics to either file such a proof of service, or to state that it did not serve

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the discovery letter brief on Mr. Faugno, by January 8, 2020.

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On December 30, 2019, Optrics filed a discovery letter brief concerning certain

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depositions. ECF No. 165. The Court ORDERS Barracuda to file a response by January 8, 2020.

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On December 30, 2019, Optrics filed a discovery letter brief concerning requests for

United States District Court
Northern District of California

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production. ECF No. 161. The Court ORDERS Barracuda to file a response by January 8, 2020.
The Court schedules a telephonic hearing on the foregoing discovery letter briefs for
January 10, 2020 at 4:00 p.m.
IT IS SO ORDERED.

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Dated: January 6, 2020

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THOMAS S. HIXSON
United States Magistrate Judge

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