Blue Sky Networks, LLC v. Fitbit, Inc.

Filing 50

STIPULATION AND ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION. Signed by Judge Yvonne Gonzalez Rogers on 3/14/18. (fs, COURT STAFF) (Filed on 3/14/2018)

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M. ELIZABETH DAY (SBN 177125)
[e-mail]
MARC BELLOLI (SBN 244290)
[e-mail]
DAVID ALBERTI (SBN 220625)
[e-mail]
1600 El Camino Real, Suite 280
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: 650.618.4368
CABRACH J. CONNOR
Texas Bar No. 24036390 (pro hac vice forthcoming)
[e-mail]
JENNIFER TATUM LEE
Texas Bar No. 24046950 (pro hac vice forthcoming)
[e-mail]
CONNOR KUDLAC LEE, PLLC
609 Castle Ridge Road, Suite 450
Austin, TX 78746
Telephone: [phone]
Facsimile: 888.387.1134

DURIE TANGRI LLP
CLEMENT S. ROBERTS (SBN 209203)
[e-mail]
TIMOTHY C. SAULSBURY (SBN 281434)
[e-mail]
EUGENE NOVIKOV (SBN 257849)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone:
415-362-6666
Facsimile:
415-236-6300
Attorneys for Defendant
FITBIT, INC.

Attorneys for Plaintiff
BLUE SKY NETWORKS, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BLUE SKY NETWORKS, LLC,
Plaintiff,

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OAKLAND DIVISION
Case No. 4:17-cv-06543-YGR

v.

STIPULATION & ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION FOR PATENT LITIGATION
Judge: Honorable Yvonne Gonzalez Rogers

FITBIT, INC.,
Defendant.

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STIPULATION & ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR
PATENT LITIGATION / CASE NO. 4:17-CV-06543-YGR

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Upon the stipulation of the parties, the Court ORDERS as follows:
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This Order supplements all other discovery rules and orders. It streamlines Electronically

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Stored Information (“ESI”) production to promote a “just, speedy, and inexpensive determination of this

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action, as required by Federal Rule of Civil Procedure 1.”

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2.

This Order may be modified in the Court’s discretion or by stipulation. The parties shall

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jointly submit any proposed modifications within 30 days after the Federal Rule of Civil Procedure 16

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Conference.

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3.

As in all cases, costs may be shifted for disproportionate ESI production requests pursuant

to Federal Rule of Civil Procedure 26. Likewise, a party’s nonresponsive or dilatory discovery tactics are
cost-shifting considerations.
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A party’s meaningful compliance with this Order and efforts to promote efficiency and

reduce costs will be considered in cost-shifting determinations.
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The parties are expected to comply with the District’s E-Discovery Guidelines

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(“Guidelines”) and are encouraged to employ the District’s Model Stipulated Order Re: the Discovery of

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Electronically Stored Information and Checklist for Rule 26(f) Meet and Confer regarding Electronically

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Stored Information.

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General ESI production requests under Federal Rules of Civil Procedure 34 and 45 shall

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not include email or other forms of electronic correspondence (collectively “email”). To obtain email

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parties must propound specific email production requests.

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7.

The parties do not currently believe that email production will be necessary. If either

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party determines at a later date that email production is warranted, the parties will confer and agree to

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email discovery limitations with respect to the number of custodians and search terms are appropriate for

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any such email discovery.

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STIPULATION & ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR
PATENT LITIGATION / CASE NO. 4:17-CV-06543-YGR

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IT IS SO STIPULATED, through Counsel of Record.
Dated: March 9, 2018

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Marc Belloli
Marc Belloli
Attorneys for Plaintiff
BLUE SKY NETWORKS, LLC

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By:

Dated: March 9, 2018

DURIE TANGRI LLP

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By: Eugene Novikov
CLEMENT S. ROBERTS
TIMOTHY C. SAULSBURY
EUGENE NOVIKOV

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Attorneys for Defendant
FITBIT, INC.

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Attestation

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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has

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been obtained from any other signatory to this document.

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/s/ Marc Belloli
Marc Belloli

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IT IS ORDERED that the forgoing Agreement is approved.

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Dated: March 14, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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STIPULATION & ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR
PATENT LITIGATION / CASE NO. 4:17-CV-06543-YGR