Ojmar US, LLC v. Security People, Inc. et al

Filing 99

Discovery Order re 93 request for sanctions. Signed by Judge Maria-Elena James on 7/7/2017. (mejlc3, COURT STAFF) (Filed on 7/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OJMAR US, LLC,

Case No. 16-cv-04948-HSG (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 93

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SECURITY PEOPLE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Defendants ask the undersigned to award them the attorneys’ fees they incurred in

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connection with an earlier “motion to compel.” Jt. Ltr. Br., Dkt. No. 93. The “motion to compel”

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at issue is a Joint Letter Brief the parties filed, pursuant to the undersigned’s Standing Order re:

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Discovery, regarding the scope of the waiver of the attorney client privilege. See Jt. Ltr. Br. re:

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Waiver, Dkt. No. 80. Paragraph 5 of the undersigned’s Standing Order re: Discovery addresses

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motions for sanction: “Motions for sanctions shall be filed separately, pursuant to Federal Rule 37

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and Civil Local Rules 7 and 37-3.” Civil Local Rule 7 requires motions for sanctions to be

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noticed for hearing at least 35 days after the filing of the motion. The parties’ Joint Letter Brief

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does not comport with these requirements, and for that reason is denied without prejudice.

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The Court also observes the following: while it found that the waiver did not extend as far

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as Plaintiff contended it did, and that Plaintiff’s request was not proportional, the Court made no

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findings that the request was not substantially justified or was made in bad faith. See Order at 2,

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Dkt. No. 84. The parties have asked the undersigned to resolve a number of discovery disputes,

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and there has not been a consistent prevailing party in connection with those disputes. See, e.g.,

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Order re: 180 Patent (granting Plaintiff’s request for discovery).

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IT IS SO ORDERED.

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Dated: July 7, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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