National Union Fire Insurance Company of Pittsburgh, PA v. NVIDIA Corporation

Filing 26

ORDER by Magistrate Judge Bernard Zimmerman denying 24 Motion to Expedite (bzsec, COURT STAFF) (Filed on 6/10/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH,) PA, ) ) Plaintiff(s), ) ) v. ) ) NVIDIA CORPORATION, ) ) ) Defendant(s). ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C09-2046 CW (BZ) ORDER DENYING REQUEST FOR EXPEDITED DISCOVERY Following a telephone conference on plaintiff's motion for expedited discovery in which both sides were represented by counsel, I find no need for further briefing or argument. For the reasons placed on the record during the conference, IT IS ORDERED that plaintiff's motion is DENIED. Among other reasons, I find that National Union has not demonstrated a sufficient need for expedited discovery that outweighs the potential prejudice to the defendant of having its customers subjected to subpoenas which appear to be very burdensome and invasive. This order is issued on the assumption that the federal rules require that subpoenas to third parties be 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 delayed until after the case management conference, a subject on which neither party expressed any view or offered any authority. Dated: June 10, 2009 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-REFS\NATIONAL UNION FIRE INS\DISC1.ORD.wpd 2

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