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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MATTHEW CAMPBELL, et al., Case No. 13-cv-05996-PJH (MEJ) Plaintiffs, 6 v. 7 8 FACEBOOK INC., Defendant. ORDER DENYING TELEPHONIC DISCOVERY CONFERENCE REQUEST WITHOUT PREJUDICE AND SETTING DEPOSITION AND BRIEFING SCHEDULE Re: Dkt. No. 84 9 10 United States District Court Northern District of California 11 Pending before the Court is Plaintiffs’ Motion for a Telephonic Discovery Conference 12 concerning the deposition of Defendant Facebook Inc.'s declarant, Alex Himel. Dkt. No. 84. The 13 Court requested that Facebook submit a declaration explaining why Mr. Himel was unavailable 14 before July 8, 2015. Dkt. No. 86. Facebook timely filed Mr. Himel’s Declaration, which 15 describes his availability in the coming weeks. Dkt. No. 87. 16 Having reviewed this Declaration, the Court ORDERS Mr. Himel to appear for the 17 deposition on July 1, 2015. Following this deposition, if the parties continue to dispute whether 18 Plaintiffs may discover Facebook’s source code, the briefing schedule for that discovery dispute 19 shall be as follows: Plaintiffs’ Motion due by July 9, 2015; Facebook’s Opposition due by July 23, 20 2015; and Plaintiffs’ Reply due by July 30, 2015. The Court shall conduct a hearing on August 21 13, 2015 at 10:00 a.m. in Courtroom B. 22 23 24 Given the foregoing, the Court finds a telephonic discovery conference unnecessary at this time and DENIES Plaintiffs’ Motion WITHOUT PREJUDICE. IT IS SO ORDERED. 25 26 27 28 Dated: June 12, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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