Campbell et al v. Facebook Inc.

Filing 88

Discovery Order re: 84 MOTION to Appear by Telephone Plaintiffs' Request for Telephonic Discovery Conference filed by David Shadpour, Michael Hurley, Matthew Campbell. Signed by Judge Maria-Elena James on 6/12/2015. (cdnS, COURT STAFF) (Filed on 6/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW CAMPBELL, et al.,

Case No. 13-cv-05996-PJH (MEJ)

Plaintiffs,
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v.
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FACEBOOK INC.,
Defendant.

ORDER DENYING TELEPHONIC
DISCOVERY CONFERENCE
REQUEST WITHOUT PREJUDICE
AND SETTING DEPOSITION AND
BRIEFING SCHEDULE
Re: Dkt. No. 84

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United States District Court
Northern District of California

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Pending before the Court is Plaintiffs’ Motion for a Telephonic Discovery Conference

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concerning the deposition of Defendant Facebook Inc.'s declarant, Alex Himel. Dkt. No. 84. The

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Court requested that Facebook submit a declaration explaining why Mr. Himel was unavailable

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before July 8, 2015. Dkt. No. 86. Facebook timely filed Mr. Himel’s Declaration, which

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describes his availability in the coming weeks. Dkt. No. 87.

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Having reviewed this Declaration, the Court ORDERS Mr. Himel to appear for the

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deposition on July 1, 2015. Following this deposition, if the parties continue to dispute whether

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Plaintiffs may discover Facebook’s source code, the briefing schedule for that discovery dispute

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shall be as follows: Plaintiffs’ Motion due by July 9, 2015; Facebook’s Opposition due by July 23,

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2015; and Plaintiffs’ Reply due by July 30, 2015. The Court shall conduct a hearing on August

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13, 2015 at 10:00 a.m. in Courtroom B.

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Given the foregoing, the Court finds a telephonic discovery conference unnecessary at this
time and DENIES Plaintiffs’ Motion WITHOUT PREJUDICE.
IT IS SO ORDERED.

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Dated: June 12, 2015
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MARIA-ELENA JAMES
United States Magistrate Judge