Cadence Design Systems, Inc. v. Syntronic AB et al

Filing 44

ORDER RE DISCOVERY DISPUTE NO. 1: GRANTING MOTION TO STAY granting 40 Discovery Letter Brief. (Illston, Susan) (Filed on 8/30/2021)

Case 3:21-cv-03610-SI Document 44 Filed 08/30/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CADENCE DESIGN SYSTEMS, INC.,
Plaintiff,

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SYNTRONIC AB, et al.,

Re: Dkt. No. 40

Defendants.

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United States District Court
Northern District of California

ORDER RE DISCOVERY DISPUTE
NO. 1: GRANTING MOTION TO STAY

v.

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Case No. 21-cv-03610-SI

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On August 20, 2021, Syntronic AB and Syntronic (Beijing) Technology R&D Center, Co.,

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filed a “statement” seeking imposition of a protective order – essentially a discovery stay – pending

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resolution of their motion to quash service and motion to dismiss now set to be heard on September

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17, 2021.1 Dkt. No. 40. With respect to Syntronic Beijing, the parties dispute whether service has

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been completed and whether this Court has personal jurisdiction. See Dkt. No. 22 (Plaintiff’s

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Motion for Alternate Service); Dkt. No. 32 (Motion to Quash Service of Summons and Dismiss

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First Amended Complaint).

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The parties have not yet had their first case management conference and, presumably, have

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not served their Rule 26(f) disclosures – no 26(f) report has been filed with the Court. Pursuant to

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this Court’s May 5, 2021 Initial Case Management Scheduling Order, the deadline to file the Rule

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26(f) report is September 10 – seven days before the first case management conference. See Dkt.

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No. 5. “A party may not seek discovery from any source before the parties have conferred as

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required by Rule 26(f)[.]” FRCP 26(d). The parties have not served their initial disclosures nor

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The Court would like to note its disappointment with all parties for their failure to comply
with this Court’s standing order regarding discovery disputes. In the future, discovery disputes
should be presented as a joint letter brief not to exceed 5 pages before any formal motion is filed.

Case 3:21-cv-03610-SI Document 44 Filed 08/30/21 Page 2 of 2

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filed their 26(f) report and, therefore, pursuant to the Federal Rules, discovery is not yet open.

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As such, combined with the issues around service and jurisdiction, the Court hereby

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GRANTS defendants’ request for a discovery stay until the September 17, 2021 hearing. If specific

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jurisdictional discovery is required, that issue will be considered at that time.

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IT IS SO ORDERED.
Dated: August 30, 2021
______________________________________
SUSAN ILLSTON
United States District Judge

United States District Court
Northern District of California

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