Teradata Corporation et al v. SAP SE et al

Filing 349

ORDER by Chief Magistrate Judge Joseph C. Spero regarding 338 Discovery Letter Brief. (jcslc4, COURT STAFF) (Filed on 12/4/2020)

Case 3:18-cv-03670-WHO Document 349 Filed 12/04/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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TERADATA CORPORATION, et al.,
Plaintiffs,

Case No. 18-cv-03670-WHO (JCS)
ORDER GRANTING IN PART
DISCOVERY MOTION

v.
SAP SE, et al.,

Re: Dkt. No. 338

Defendants.

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Teradata has filed a motion to compel SAP to produce a Rule 30(b)(6) witness to testify to

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SAP’s efforts to preserve and produce documents (the “Motion”). Dkt. 338. The court held a

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hearing on December 4, 2020, and for good cause the Motion is GRANTED IN PART as follows:

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1. By Friday, December 11, 2020, SAP shall produce a fact declaration and any relevant

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non-privileged documents regarding each of the following: (1) the factual basis for the

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warning letter to Mr. Zenus; (2) the results of SAP’s investigation into the disposition

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of Mr. Sauer’s external hard drive, his SAP computer, and the data on those devices;

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and (3) the results of SAP’s investigation into the disposition of Mr. Schroeder’s laptop

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that was returned to SAP in 2013 and the data on that device.

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2. By Monday, December 7, 2020, SAP and Teradata shall submit briefs, limited to two

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pages, addressing whether the General Data Protection Regulation (GDPR) requires

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SAP to secure permission from its employees (or others) in GDPR jurisdictions or to

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take other steps before performing a search (without reviewing the contents of the

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resultant documents) of its Office 365 system for all e-mails sent to and from

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Case 3:18-cv-03670-WHO Document 349 Filed 12/04/20 Page 2 of 2

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Mr. Schroeder, Mr. Henkes, and Mr. Latza between 2008 and 2013. Upon reading

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these briefs, the Court will decide whether to order such a search.

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3. By December 11, 2020, the parties shall submit (1) a two-page joint letter concerning

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their positions on the one disputed term in the proposed ESI order and (2) a red-lined

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version of the proposed ESI order showing the parties’ competing versions.

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IT IS SO ORDERED.

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Dated: December 4, 2020.

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United States District Court
Northern District of California

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______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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