Rovio Entertainment LTD v. Royal Plush Toys, Inc. et al

Filing 38

ORDER GRANTING re #33 Letter/Motion to Conduct Limited Discovery on an Expedited Basis, and for Preservation of Evidence filed by Rovio Entertainment Ltd. Signed Magistrate by Judge Joseph C. Spero on 1/30/13. (Attachments: #1 Certificate/Proof of Service)(klhS, COURT STAFF) (Filed on 1/30/2013) Modified on 1/31/2013 (jlm, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROVIO ENTERTAINMENT LTD Case No.:4:12-cv-05543-SBA (JCS) Plaintiff 8 v. 9 10 ROYAL PLUSH TOYS, INC., et al. Defendants United States District Court Northern District of California 11 ORDER GRANTING MOTION TO CONDUCT LIMITED DISCOVERY ON AN EXPEDITED BASIS, AND FOR PRESERVATION OF EVIDENCE Re: Dkt. No.: 33. 12 13 14 15 16 17 18 On January 15, 2013, Plaintiff filed a Letter Requesting Right to Enter Defendants' Business Premises on an Expedited Basis to Conduct Discovery. On January 28, 2013, a telephonic hearing was held. Jason Drangel, counsel for Plaintiff, appeared. Jong K. Park, pro se, appeared for Defendants. For the reasons stated on the record, and with the consent of Defendant Jong K Park stated on the record, and good cause appearing, Defendants are ORDERED as follows: 19 1. Defendants shall permit plaintiff’s counsel to inspect in person all paper and electronic 20 files in the custody or control of Defendants at the office and warehouse of Defendants 21 located at 4771 Arroyo Vista, Livermore, CA to search for documents and files 22 responsive to the document demands served by plaintiff in this case. Defendants shall 23 provide all passwords necessary for plaintiff to have access to computers and other 24 electronic records. Plaintiff may copy documents responsive to the outstanding 25 document demands, and may copy any hard drives for later searching. 26 2. The inspection shall occur beginning on February 6, 2013 at 2 p.m. 27 3. The parties shall submit a proposed form of protective order to the court for review. 28 As agreed at the hearing, all bank account records shall be confidential, and shall not 1 be disclosed to anyone other than counsel of record, the parties, their experts, and the 2 court and its personnel until a protective order is signed by the court. 3 4. Defendants shall not destroy or damage any paper or electronic files in its possession 4 or control pending further order of the court. As part of their obligation under this 5 order, Defendants shall not delete, alter or overwrite any electronic files existing as of 6 the date of the hearing. Although at the hearing, the court limited the duration of this 7 order to the time period from the hearing to the inspection, on reflection the court 8 believes that all records should be preserved pending resolution of this action. 9 10 IT IS SO ORDERED. United States District Court Northern District of California 11 12 Dated: January 30, 2013 13 ________________________ Joseph C. Spero United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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