Meta Platforms, Inc. v. BrandTotal Ltd. et al

Filing 180

Order by Chief Magistrate Judge Joseph C. Spero regarding #179 Discovery Letter Brief. BrandTotal is ORDERED to make its source code available for inspection. (jcslc2S, COURT STAFF) (Filed on 9/2/2021)

Case 3:20-cv-07182-JCS Document 180 Filed 09/02/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FACEBOOK, INC.,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 20-cv-07182-JCS
ORDER REGARDING JOINT
DISCOVERY LETTER BRIEF
Re: Dkt. No. 179

BRANDTOTAL LTD., et al.,
Defendants.
The parties have filed a joint discovery letter brief (dkt. 179) addressing BrandTotal’s
“end-to-end source code” showing its treatment of data collected from Facebook. The Court finds
that this source code falls within the scope of Facebook’s document requests, that it is relevant to
Facebook’s claims, and that its production is proportional to the needs of the case. The Court
recognizes BrandTotal’s arguments regarding the sensitivity of this data, but the stringent
protections that the parties agreed to for source code produced in this case are sufficient to protect
that interest. See Stip. Protective Order (dkt. 107) § 9. BrandTotal is ORDERED to make its endto-end source code available for inspection in a manner consistent with the protective order.
The parties’ joint letter does not address what would be reasonable timeline for production
of this information. The parties shall meet and confer by videoconference no later than September
9, 2021 to set an appropriate deadline. In the unlikely event the parties cannot resolve that narrow
issue of timing, they may submit a joint letter brief not exceeding three pages no later than
September 13, 2021.
IT IS SO ORDERED.
Dated: September 2, 2021

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JOSEPH C. SPERO
Chief Magistrate Judge