Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al

Filing 6

Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al

Doc. 6

Case 5:06-mc-80038-JF

Document 6

Filed 03/06/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NOR THE RN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

United States District Court

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For the Northern District of California

In re

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) ) Application of ) ) MICROSOFT CORPORATION, ) ) Applicant. ) ) ___________________________________ )

Case No.: C 06-80038 JF (PVT) OR D E R GRANTING EX PARTE AP P LI C A T IO N FOR ORDER ALLOWING DI S C OV E R Y PURSUANT TO 28 U.S.C. § 1782; AND SETTING DEADLINES FOR OBJECTIONS A N D MOTIONS TO QUASH

On March 3, 2006, Applicant Microsoft Corporation ("Microsoft") filed an Application for Order Allowing Discovery Pursuant to 28 U.S.C. § 1782.1 Based on the brief presented, IT IS HEREBY ORDERED that Microsoft's motion is GRANTED; Microsoft is authorized to serve the forms of subpoena attached to its Application (the "Subpoenas"), however, the form of each subpoena must be revised to include the name, address, phone number, and fax number of the attorney who issues the subpoena. The form of each subpoena shall also be revised to state the date, time and place for the subpoenaed deposition and for the document production. Microsoft shall provide notice of no less than 10 days for the depositions and document productions. Microsoft may set the dates and times for deposition without first consulting the deponent, but concurrently with

The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1
Dockets.Justia.com

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Case 5:06-mc-80038-JF

Document 6

Filed 03/06/2006

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service of the subpoenas Microsoft shall offer to confer regarding the deponent's scheduling needs and the possibility of adjusting the date and/or time for the deposition if necessary. A copy of this order shall be served with each subpoena. IT IS FURTHER ORDERED that any person or entity objecting to a subpoena shall promptly commence meeting and conferring with Microsoft. Any objections shall be served (by fax and overnight courier for earliest delivery time) no more than three court days after the subject subpoena is served. Any motion to quash shall be served (by fax and overnight courier for earliest delivery time) and filed no more than five court days after the subject subpoena is served, regardless of whether meet and confer efforts are continuing. Opposition to any motion to quash shall be served (by fax and overnight courier for earliest delivery time) and filed no more than five court days after the motion is filed. The court will contact the parties if it wishes to schedule reply briefs and/or oral argument. IT IS FURTHER ORDERED that, in the event Microsoft believes a motion to compel is warranted, it shall serve (by fax and overnight courier for earliest delivery time) and file its moving papers as soon as possible. Any opposition to a motion to compel shall be served (by fax and overnight courier for earliest delivery time) and filed no more than five court days after the subject motion is filed. The court will contact the parties if it wishes to schedule reply briefs and/or oral argument. Dated: 3/06/06 PATRICIA V. TRUMBULL Unit ed States Magistrate Judge

United States District Court

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For the Northern District of California

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OR D E R, page 2