Facebook, Inc. et al v. OnLineNic Inc et al

Filing 261

DISCOVERY ORDER by Magistrate Judge Alex G. Tse Re: Dkts. 247 , 257 . (agtlc2, COURT STAFF) (Filed on 8/16/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FACEBOOK, INC., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 19-cv-07071-SI (AGT)
DISCOVERY ORDER

v.
ONLINENIC INC, et al.,

Re: Dkt. Nos. 247, 257, 258, 259

Defendants.
The Court has reviewed the parties’ joint statement regarding outstanding discovery
disputes, Dkt. 257, and rules as follows:
1. In light of 35.CN’s representation that “there are currently no documents being withheld

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due to Chinese law,” the parties’ dispute concerning Chinese law prohibitions, see Dkt. 247, is

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terminated as moot. To the extent 35.CN invokes Chinese law in connection with its forthcoming

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document productions, plaintiffs may renew their arguments in favor of compelled disclosure.

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2. Plaintiffs continue to challenge the adequacy of 35.CN’s responses to RFP Nos. 1–14,

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17–26, 40–42, 44–147; RFA Nos. 1–118; and Rog Nos. 1–18. 35.CN reports that it served third

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amended discovery responses on August, 5, 2022, the day the parties’ joint statement was due, and

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it also says it has agreed to perform further searches for responsive documents. Plaintiffs

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understandably did not address the sufficiency of 35.CN’s third amended responses in the joint

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statement, so it is unclear whether any discussed deficiencies have been remedied.

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The parties are ordered to continue to meet and confer to discuss, at a minimum, (1) the

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sufficiency of 35.CN’s third amended discovery responses, and (2) 35.CN’s forthcoming “batch of

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corporate/financial documents that it will be producing shortly.” An updated joint statement

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identifying the discovery disputes that remain outstanding is due by September 9, 2022.

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3. The administrative motions to file under seal, see Dkts. 258 & 259, are granted.

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IT IS SO ORDERED.

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Dated: August 16, 2022

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ALEX G. TSE
United States Magistrate Judge

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United States District Court
Northern District of California

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