Meta Platforms, 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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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META PLATFORMS, 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 DENYING MOTION FOR
RELIEF FROM STIPULATION
Re: Dkt. No. 217

BRANDTOTAL LTD., et al.,
Defendants.

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On December 23, 2021, the parties submitted a stipulation (dkt. 215) requiring Defendants

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BrandTotal Ltd. and Unimania, Inc. (collectively, “BrandTotal”) to identify documents from

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specified custodians using specified search terms, and produce such documents to the extent they

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are responsive to requests propounded by Plaintiff Meta Platforms, Inc. (“Facebook”) no later than

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January 7, 2022. Pursuant to the parties’ stipulation, the Court issued an order (dkt. 216) on

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December 29, 2021 requiring such production of documents. On the deadline for production,

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BrandTotal instead moved for relief from its obligations under the stipulation and order, asserting

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that the approximately $60,000 cost of gather documents matching the stipulated search terms is

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disproportionate to the needs of the case.

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The Court is not persuaded that this cost warrants any relief from the obligations

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BrandTotal previously agreed to undertake. Moreover, BrandTotal has demonstrated no

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justifiable reason for its delay in identifying and raising this issue, and violated the Court’s

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standing order regarding discovery disputes by raising it as a unilateral motion rather than a joint

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letter following efforts to resolve the matter by videoconference between counsel. The motion is

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DENIED. The parties shall appear for a scheduling conference January 10, 2022—today—at

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3:00 PM via Zoom webinar to set a new deadline for production of the documents at issue.

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The stipulation and order provided that Facebook could raise a particular dispute regarding

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additional search terms by noticed motion. It did not authorized BrandTotal to deviate from the

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Court’s standing order to raise this different dispute by motion. Regardless, the Court’s

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endorsement of that exception for Facebook was an oversight, and his hereby rescinded. Any

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future discovery dispute, including as to additional search terms, must be raised in the first

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instance by following the procedures set forth in the Court’s standing order.

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IT IS SO ORDERED.
Dated: January 10, 2022
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

United States District Court
Northern District of California

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