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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SYNCHRONOSS TECHNOLOGIES, INC., Plaintiff, 8 9 v. 10 FUNAMBOL INC, United States District Court Northern District of California 11 12 13 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 14 imbedded in the body of the stipulation. Not only is the purported stipulation not a stipulation due 15 to the inclusion of the discovery dispute, but the filing violates the undersigned’s standing order 16 pertaining to discovery disputes, which requires that the parties submit disputes via joint letter. 17 18 (See Judge Westmore’s General Standing Order ¶ 13.) Accordingly, the “stipulation” is DENIED, and the parties are ordered to meet and confer 19 in an attempt to resolve the pending dispute without court intervention. The parties are 20 encouraged to narrow the dispute to the extent possible, as they are more familiar with the 21 intricacies of the patents at issue and the burden that email discovery would impose at this 22 juncture. This could include permitting certain email discovery, while having the remainder occur 23 after the initial document production. Should the parties resolve the dispute through their meet 24 and confer efforts, they shall file an amended stipulation and proposed order. 25 Otherwise, the parties shall jointly write and file a letter in the format outlined in the 26 27 28 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 1 facts and the proceedings to date, and the parties must also address Rule 26’s proportionality 2 requirement in their portion of the letter. After determining when email discovery will occur, the 3 undersigned will direct the parties to file an amended stipulation and proposed order regarding ESI 4 that complies with the Court’s order within 7 days. 5 6 IT IS SO ORDERED. Dated: April 14, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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