Facebook, Inc. v. BrandTotal Ltd. et al

Filing 219

Order by Chief Magistrate Judge Joseph C. Spero denying 217 motion for relief from stipulation. Scheduling conference set for 1/10/2022 at 3:00 PM before Magistrate Judge Joseph C. Spero via Zoom webinar. (jcslc2, COURT STAFF) (Filed on 1/10/2022)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 META PLATFORMS, INC., Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 20-cv-07182-JCS ORDER DENYING MOTION FOR RELIEF FROM STIPULATION Re: Dkt. No. 217 BRANDTOTAL LTD., et al., Defendants. 12 13 On December 23, 2021, the parties submitted a stipulation (dkt. 215) requiring Defendants 14 BrandTotal Ltd. and Unimania, Inc. (collectively, “BrandTotal”) to identify documents from 15 specified custodians using specified search terms, and produce such documents to the extent they 16 are responsive to requests propounded by Plaintiff Meta Platforms, Inc. (“Facebook”) no later than 17 January 7, 2022. Pursuant to the parties’ stipulation, the Court issued an order (dkt. 216) on 18 December 29, 2021 requiring such production of documents. On the deadline for production, 19 BrandTotal instead moved for relief from its obligations under the stipulation and order, asserting 20 that the approximately $60,000 cost of gather documents matching the stipulated search terms is 21 disproportionate to the needs of the case. 22 The Court is not persuaded that this cost warrants any relief from the obligations 23 BrandTotal previously agreed to undertake. Moreover, BrandTotal has demonstrated no 24 justifiable reason for its delay in identifying and raising this issue, and violated the Court’s 25 standing order regarding discovery disputes by raising it as a unilateral motion rather than a joint 26 letter following efforts to resolve the matter by videoconference between counsel. The motion is 27 DENIED. The parties shall appear for a scheduling conference January 10, 2022—today—at 28 3:00 PM via Zoom webinar to set a new deadline for production of the documents at issue. 1 The stipulation and order provided that Facebook could raise a particular dispute regarding 2 additional search terms by noticed motion. It did not authorized BrandTotal to deviate from the 3 Court’s standing order to raise this different dispute by motion. Regardless, the Court’s 4 endorsement of that exception for Facebook was an oversight, and his hereby rescinded. Any 5 future discovery dispute, including as to additional search terms, must be raised in the first 6 instance by following the procedures set forth in the Court’s standing order. 7 8 9 10 IT IS SO ORDERED. Dated: January 10, 2022 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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