Layer2 Communications, Inc. v. Flexera Software, LLC

Filing 117

Order by Magistrate Judge Donna M. Ryu denying 116 Motion to Appear by Telephone; taking third party discovery letter 96 under submission without hearing.(dmrlc2, COURT STAFF) (Filed on 7/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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LAYER2 COMMUNICATIONS INC,

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Plaintiff(s),
v.

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FLEXERA SOFTWARE LLC,

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Defendant(s).
___________________________________/

No. C-13-02131 DMR
ORDER (1) DENYING IN PART
REQUEST OF PLAINTIFF’S COUNSEL
TO APPEAR BY TELEPHONE
[DOCKET NO. 116]; (2) TAKING THIRD
PARTY DISCOVERY LETTER
[DOCKET NO. 96] UNDER
SUBMISSION WITHOUT HEARING

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The court is in receipt of the request by counsel for Plaintiff to appear by telephone for the

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hearing on the parties’ joint discovery letter [Docket No. 106], which is currently scheduled for July

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31, 2014 at 11:00 a.m. See Docket No. 116. Plaintiff’s counsel notes that he has a conflicting

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hearing in another court, but goes on to state that he expects to be able to arrive in Oakland by

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approximately 11:30 a.m. Accordingly, the request by Plaintiff’s counsel to appear by telephone is

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denied. However, the hearing on the joint letter is continued until July 31, 2014 at 11:30 a.m.

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The court notes that some of the disputes raised in Docket No. 106 relate to the inability of

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counsel to agree on deposition scheduling. This is unacceptable. Lead counsel shall come to the

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courthouse with specific availability information for all counsel and deponents. Lead counsel shall

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meet and confer following the hearing to schedule all of the remaining deposition dates.

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Unreasonable behavior will result in sanctions.

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Also before the court is a discovery letter filed by Plaintiff and third party CenturyTel Long

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Distance, LLC. [Docket No. 96.] The court finds that this letter is appropriate for resolution without

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oral argument pursuant to Civil Local Rule 7-1(b), and hereby vacates the July 31, 2014 hearing on

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the letter. The court will issue a written order on the letter.

RT

For the Northern District of California

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United States Magistrate Judge

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United States District Court

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a M. Ry
e Donn
Judg
DONNA M. RYU

NO

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Dated: July 28, 2014

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D

RDERE

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IT IS S

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IT IS SO ORDERED.

UNIT
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