Simon and Simon, PC v. Align Technology, Inc.

Filing 257

ORDER TO SHOW CAUSE: SmileDirectClub shall respond by January 24, 2023. Plaintiffs and Align may file a response by January 27, 2023. The Court ORDERS Align to serve this order on SmileDirectClub and to file a certificate of service showing that it has done so. Signed by Judge Thomas S. Hixson on 1/17/2023. (tshlc1, COURT STAFF) (Filed on 1/17/2023)

Case 3:20-cv-03754-VC Document 257 Filed 01/17/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SIMON AND SIMON, PC, et al.,
Plaintiffs,

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Case No. 20-cv-03754-VC (TSH)

v.
ALIGN TECHNOLOGY, INC.,
Defendant.

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United States District Court
Northern District of California

ORDER FOR SMILEDIRECTCLUB TO
SHOW CAUSE

Re: Dkt. No. 251

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MISTY SNOW, et al.,

Case No. 21-cv-03269-VC (TSH)

Plaintiffs,
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v.

Re: Dkt. No. 263

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ALIGN TECHNOLOGY, INC.,
Defendant.

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In the January 12, 2023 Joint Case Management Statement regarding discovery, Plaintiffs
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argued that they should be provided with the awards in the Swift and Supply arbitrations, as well
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as any other substantive orders from the five arbitrations between SmileDirectClub (“SDC”) and

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Align. Align agreed that the awards should be produced but stated that there is no need to produce
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“other substantive orders,” as the awards themselves resolved all substantive issues disputed by
the parties. At the January 13, 2023 discovery status conference, the parties added that SDC’s

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substantive briefings in the five arbitrations should be produced as well. The parties agree that
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SDC should be given the opportunity to redact any information that is competitively sensitive and
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Case 3:20-cv-03754-VC Document 257 Filed 01/17/23 Page 2 of 2

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The Court wishes to hear SDC’s views. Accordingly, the Court ORDERS SDC to SHOW

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CAUSE why it should not be ordered to produce the awards in the five arbitrations and SDC’s

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substantive briefing in the five arbitrations. The Court envisions that SDC could redact

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competitively sensitive information that is not relevant to Plaintiffs’ Section 1 claim and asks SDC

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to state how long it needs to perform that review in the event the Court determines these materials

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should be produced to Plaintiffs. SDC’s response to the OSC is due January 24, 2023. Plaintiffs

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and Align may file a response to SDC’s response no later than January 27, 2023. The Court

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ORDERS Align to serve this order on SDC and to file a certificate of service showing that it has

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United States District Court
Northern District of California

irrelevant to Plaintiffs’ Section 1 claim.

done so.
IT IS SO ORDERED.

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Dated: January 17, 2023

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THOMAS S. HIXSON
United States Magistrate Judge

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