Yufa v. TSI Incorporated

Filing 148

ORDER by Judge Kandis A. Westmore regarding 146 November 11, 2013 Discovery Letter Brief. (kawlc1, COURT STAFF) (Filed on 11/26/2013)

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United States District Court
Northern District of California

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ALEKSANDR L. YUFA,
Plaintiff,

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v.

Case No.: CV 09-01315-KAW
ORDER REGARDING NOVEMBER 11,
2013 JOINT DISCOVERY LETTER
(Dkt. No. 146)

TSI INCORPORATED, et al.,
Defendants.

United States District Court
Northern District of California

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On November 11, 2013, the parties submitted a joint discovery letter, in which Plaintiff

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Aleksandr Yufa is seeking to compel supplemental discovery responses to Requests for

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Production Nos. 20 and 21, which both seek documents pertaining to particle width modulation

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(PWM). (11/11/13 Joint Letter at 3.)

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On November 22, 2013, the Court held a hearing, and after consideration of the joint letter

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and the parties’ arguments, and for the reasons set forth below, the Court denies Plaintiff’s request

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to compel supplemental responses.

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DISCUSSION

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As an initial matter, the Court commends the parties for narrowing the scope of the

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discovery dispute. This is why parties are required to meet and confer regarding any pending

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discovery dispute before seeking court intervention.

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As to the two requests at issue, Dr. Yufa contends that TSI’s responses are deficient,

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because no documents have been produced. TSI states that while it has produced thousands of

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pages pertaining to its products, it does not possess any documents responsive to the requests,

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because its products do not use PWM. (Joint Letter at 6, 8.) Dr. Yufa visited TSI’s headquarters

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to conduct a site inspection on July 10-11, 2013, during which TSI produced documents for

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inspection related to the accused products. (Joint Letter at 4.) At that time, TSI technical

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personnel were available to assist Dr. Yufa in finding specific documents that he requested and to

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explain how TSI’s products function. Id. At that time, TSI representatives also explained that no

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documents regarding PWM exist, because TSI products do not measure pulse width. Id.

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Since TSI states that it has no responsive documents, the Court is not in a position to

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compel supplemental responses at this time. Accordingly, Plaintiff’s request to compel

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production is DENIED.

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IT IS SO ORDERED.
DATE: November 26, 2013

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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