Layer2 Communications, Inc. v. Flexera Software, LLC

Filing 97

Order by Magistrate Judge Donna M. Ryu denying 94 Discovery Letter Brief.(dmrlc2, COURT STAFF) (Filed on 6/24/2014)

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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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No. C-13-02131 DMR

Plaintiff(s),
v.

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FLEXERA SOFTWARE LLC,

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ORDER DENYING EX PARTE
DISCOVERY LETTERS [DOCKET NOS.
93, 94]

Defendant(s).
___________________________________/

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On June 13, 2014, Plaintiff filed two sequential ex parte letters regarding certain of its

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discovery requests. See Docket Nos. 78, 79. The court denied these letters without prejudice and

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directed the parties to “meet and confer in person or by telephone and . . . file a joint discovery

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letter.” Docket No. 80. However, instead of filing a joint letter, Plaintiff and Defendant each filed

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an ex parte letter. [Docket No. 93, 94.]

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Also pending before the court are the parties’ motions for summary judgment. See Docket

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Nos. 68, 70. Neither party has indicated in its briefs related to these motions that “it cannot present

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facts essential to justify its opposition” pursuant to Federal Rule of Civil Procedure 56(d). Nor do

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the discovery letters indicate that the disputed discovery is necessary for the determination of the

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motions.

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Accordingly, both discovery letters are denied without prejudice. The parties are directed
to meet and confer regarding the disputes raised in the discovery letters. If they are unable to

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resolve their disputes without judicial intervention, the parties shall file a joint discovery letter by

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July 3, 2014 at 10 a.m. A hearing on the joint letter, if any, will be held on July 31, 2014. Lead

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counsel for the parties are ordered to appear at the hearing. Following the hearing, lead counsel

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shall meet and confer in the courthouse regarding their discovery disputes and any remaining

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disputes, and shall be prepared to devote the entire day, if necessary, to resolving the disputes.

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Failure to follow this order may result in sanctions to either party or both.

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IT IS SO ORDERED.

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Dated: June 24, 2014
DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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