Synchronoss Technologies, Inc. v. Funambol, Inc.

Filing 97

ORDER by Judge Kandis A. Westmore denying 96 Stipulation re: Discovery of ESI. (kawlc1, COURT STAFF) (Filed on 4/14/2017)

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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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v.

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FUNAMBOL INC,

United States District Court
Northern District of California

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Defendant.

Case No. 4:16-cv-02026-HSG (KAW)
ORDER DENYING STIPULATION AND
PROPOSED ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION FOR PATENT
LITIGATION
Re: Dkt. No. 96

On April 7, 2017, the parties filed a “stipulation” regarding the discovery of electronically
stored information (“ESI”), which included a discovery dispute pertaining to email discovery

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imbedded in the body of the stipulation. Not only is the purported stipulation not a stipulation due
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to the inclusion of the discovery dispute, but the filing violates the undersigned’s standing order

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pertaining to discovery disputes, which requires that the parties submit disputes via joint letter.
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(See Judge Westmore’s General Standing Order ¶ 13.)
Accordingly, the “stipulation” is DENIED, and the parties are ordered to meet and confer

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in an attempt to resolve the pending dispute without court intervention. The parties are
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encouraged to narrow the dispute to the extent possible, as they are more familiar with the
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intricacies of the patents at issue and the burden that email discovery would impose at this
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juncture. This could include permitting certain email discovery, while having the remainder occur
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after the initial document production. Should the parties resolve the dispute through their meet
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and confer efforts, they shall file an amended stipulation and proposed order.
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Otherwise, the parties shall jointly write and file a letter in the format outlined in the
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Court’s Standing Order, utilizing a separate heading for each remaining disputed provision. (See
Judge Westmore’s General Standing Order ¶ 13.) The letter shall include a joint summary of the

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facts and the proceedings to date, and the parties must also address Rule 26’s proportionality

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requirement in their portion of the letter. After determining when email discovery will occur, the

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undersigned will direct the parties to file an amended stipulation and proposed order regarding ESI

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that complies with the Court’s order within 7 days.

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IT IS SO ORDERED.
Dated: April 14, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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