Guardant Health, Inc. v. Natera, Inc.

Filing 515

ORDER REGARDING JOINT DISCOVERY LETTER 510 . Signed by Magisrate Judge Sallie Kim on 4/23/2024. (bxl, COURT STAFF) (Filed on 4/23/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GUARDANT HEALTH, INC.,
Plaintiff,

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United States District Court
Northern District of California

ORDER REGARDING JOINT
DISCOVERY LETTER

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v.

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NATERA, INC.,

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Case No. 21-cv-04062-EMC (SK)

Defendant.

Regarding Docket Nos. 510

The parties brought this dispute about discovery to the Court. Plaintiff Guardant Health,

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Inc. (“Guardant”) seeks to compel production of documents from Howard S. Hochster, expert

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witness for Defendant Natera, Inc. (“Natera”). In addition, Guardant seeks production of

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documents, specifically electronically stored information, from Matthew Rabinowitz, a founder

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and former CEO of Natera, and Guardant seeks a full-day deposition of Rabinowitz, and

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Guardant’s request includes the requirement that he use the same search terms that other

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custodians of documents used in this case. There was a hearing on this matter on April 22, 2024.

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The Court GRANTS IN PART and DENIES IN PART the motion to compel documents

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from Hochster. With respect to all categories of documents except Request 18, Natera represented

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at the hearing on this matter that Hochster had searched his electronic files using the search terms

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recommended by Guardant and that Hochster found no responsive documents. Thus, the Court
cannot compel production of documents that do not exist. However, in Request 18, Guardant
seeks documents sufficient to show the date, time, activities, and compensation that Hochster
received from Natera. The Court ORDERS that Hochster search for and produce responsive
documents, within 14 business days of this Order.
The Court DENIES the request by Guardant to depose Rabinowitz for a full day and
DENIES the request by Guardant to compel Rabinowitz to search for his electronically stored

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information, with the same search terms used for other custodians. Because the District Court has

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limited Rabinowitz’s testimony at trial on a very narrow basis, such a search is not appropriate.

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Although Natera did not include him on its disclosures provided under Fed.R.Civ.P. 26, his

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existence and the fact that, as a founder and former CEO during part of the time that the events

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relevant to this case took place, he had knowledge of the relevant issues should not have been a

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surprise to Guardant. Guardant may take a half-day deposition of Rabinowitz.

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IT IS SO ORDERED.
Dated: April 23, 2024
______________________________________
SALLIE KIM
United States Magistrate Judge

United States District Court
Northern District of California

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