Cadence Design Systems, Inc. v. Pounce Consulting, Inc.
Filing
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ORDER OVERRULING OBJECTION TO DISCOVERY ORDER AND GRANTING MOTION TO FILE UNDER SEAL by Judge Phyllis J. Hamilton. (pjhlc2, COURT STAFF) (Filed on 9/6/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CADENCE DESIGN SYSTEMS, INC.,
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v.
ORDER OVERRULING OBJECTION
TO DISCOVERY ORDER
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POUNCE CONSULTING, INC., et al.,
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United States District Court
Northern District of California
Case No. 17-cv-04732-PJH
Plaintiff,
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Defendants.
Re: Dkt. No. 172, 173
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The court is in receipt of plaintiff’s objection to part of Magistrate Judge Laporte’s
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August 14, 2018 discovery order. In that order, inter alia, Judge Laporte “denie[d]
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Plaintiff’s request to compel Pounce USA to provide emails sent by [Roger] Viera that
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Pounce USA does not have in its possession, custody, or control.” Dkt. 167 at 2
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(emphasis in original). Plaintiff objects to that part of the order because “as an officer and
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majority owner of Pounce USA, Viera’s documents are necessarily within Pounce USA’s
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possession, custody or control.” That is true, according to plaintiff, regardless of whether
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Viera’s emails are stored within Pounce USA’s email account or Pounce Mexico’s email
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account. Dkt. 173-1 at 1. Without ruling on the merits of that argument, the court
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overrules plaintiff’s objection for the following reasons.
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Magistrate judges' rulings on nondispositive motions may be set aside or modified
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by the district court only if found to be “clearly erroneous” or “contrary to law.” FRCP
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72(a). The “clearly erroneous” standard applies only to the magistrate judge's findings of
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fact. A finding of fact is clearly erroneous if the court has a definite and firm conviction
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that a mistake has been committed. Burdick v. Commissioner, 979 F.2d 1369, 1370 (9th
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Cir.1992). The magistrate judge's legal conclusions are freely reviewable de novo to
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determine whether they are contrary to law. See United States v. McConney, 728 F.2d
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1195, 1200-01 (9th Cir.1984).
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Plaintiff has not shown that Judge Laporte’s order was clearly erroneous or
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contrary to law. Indeed, it is unclear exactly what part of Judge Laporte’s order plaintiff
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contends would meet that standard. Judge Laporte merely “denie[d] Plaintiff’s request to
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compel Pounce USA to provide emails sent by Viera that Pounce USA does not have in
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its possession, custody, or control.” Dkt. 167 at 2 (emphasis in original). In other words,
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Judge Laporte’s order confirmed the unremarkable proposition that Pounce USA is only
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obligated to produce documents within its custody, possession, or control. Plaintiff’s
objection to that order is really a request for this court to define in the first instance
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United States District Court
Northern District of California
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whether “custody, possession, or control” in Judge Laporte’s order required Pounce USA
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to produce responsive Viera documents. While this court finds it unlikely that a
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corporation can refuse to produce an officer’s responsive documents simply because
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those documents are technically on another company’s email account, Judge Laporte
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has not had the opportunity to definitively resolve that issue. Tellingly, plaintiff’s joint
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letter brief that precipitated Judge Laporte’s order did not raise the present argument or
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cite any of the same cases cited in plaintiff’s present objection.
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In short, Judge Laporte’s order requiring Pounce USA to produce documents
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within its custody, possession or control, is not clearly erroneous or contrary to law and
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the court declines plaintiff’s invitation to define the scope of that order in the first instance.
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The request is better raised with Judge Laporte as a motion for clarification. Accordingly,
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plaintiff’s objection to Judge Laporte’s order is OVERRULED. Good cause appearing,
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plaintiff’s motion to seal is GRANTED.
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IT IS SO ORDERED.
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Dated: September 6, 2018
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__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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