Synchronoss Technologies v. Dropbox Inc

Filing 279

ORDER by Judge Kandis A. Westmore regarding 271 2/11/19 Discovery Letter Brief. (kawlc1, COURT STAFF) (Filed on 2/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SYNCHRONOSS TECHNOLOGIES, INC.,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 4:16-cv-00119-HSG (KAW)
ORDER REGARDING 2/11/19 JOINT
LETTER
Re: Dkt. No. 271

DROPBOX INC., et al.,
Defendants.

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On February 11, 2019, the parties filed a joint discovery letter concerning Dropbox’s

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request for an order requiring Synchronoss to make expert Christopher Alpaugh available for two

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days of deposition. (Joint Letter, Dkt. No. 271 at 1.) Mr. Alpaugh’s deposition is noticed for

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March 18, 2019. Id. Synchronoss has produced two expert reports authored by Mr. Alpaugh—on

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infringement and damages, and validity— while Dropbox has designated two different experts on

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those topics. Id. As a result, Dropbox contends that it needs a total of fourteen hours to adequately

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depose Mr. Alpaugh. (Joint Letter at 2.)

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In opposition, Synchronoss argues that the request is premature, and that the first seven

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hours should go forward after which the parties shall meet and confer regarding what additional

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time, if any, is necessary. (Joint Letter at 5.)

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The Court disagrees. This is not a situation where Mr. Alpaugh is expected to testify on a

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single report, and Dropbox may require more time, based on the substance of his testimony.

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Rather, Dropbox knows that it requires more time, because Mr. Alpaugh is the designated expert

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on multiple topics. While Synchronoss may designate the expert of its choice, it cannot

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strategically do so in an effort to stifle Dropbox’s ability to properly depose an expert witness.

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Indeed, Dropbox should be able to adequately prepare for the depositions in advance.

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Accordingly, the Court orders Synchronoss to produce Mr. Alpaugh for two, seven-hour
days. Each day will address a different expert report.
IT IS SO ORDERED.
Dated: February 28, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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