Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al
Filing
94
MOTION for an ADMINISTRATIVE order re:RE DISCOVERY and MOTION to compel payment of costs by defendants; DECLARATION OF J. ANDREW COOMBS (Coombs, J.) (Filed on 11/10/2008) Modified on 11/12/2008,(counsel used incorrect event.)(cv, COURT STAFF).
<![CDATA[
Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al
Doc. 94
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MEMORANDUM OF POINTS AND AUTHORITIES A. Summary of Dispute.
Plaintiff Louis Vuitton Malletier, S.A. ("Louis Vuitton") brings this Action against Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and their principal Steven Chen (collectively "Defendants") for contributory and vicarious liability for copyright and trademark infringement. Louis Vuitton alleges Defendants benefited from and continued to aid counterfeiting of Louis Vuitton trademarks through the provision of Internet website hosting services and the routing of Internet traffic to third party websites hosted on servers owned, controlled and maintained by Defendants and despite notice to Defendants of the infringing activity occurring on those Websites. On or about January 3, 2008, Louis Vuitton propounded separate sets of document production requests to each defendant. Not one printout, traffic log, page of information or bit of data from any of the servers operated by Defendants was produced in response to Louis Vuitton's demands. Although such data may still exist (or be recoverable) Defendants have made no discernable effort to produce such data. For these reasons, Louis Vuitton filed its motion on March 25, 2008 seeking an order to compel production or, in the alternative, to permit forensic inspection of a sampling of the servers. In Opposition to the Motion Defendants asserted (i) that they have no control over the servers once "leased" to an account; (ii) even where they may have such control where a re-seller ceases to use a particular server, they have no obligation to preserve such data despite this litigation or to produce it and (iii) production of the requested material would violate federal privacy legislation. After oral argument, the Court entered its ruling which provided, among other things,
Louis Vuitton v Akanoc, et al.: Administrative Motion re Discovery
-3-
EXHIBIT A
Page 11
EXHIBIT A
Page 12
EXHIBIT A
Page 13
EXHIBIT A
Page 14
EXHIBIT A
Page 15
EXHIBIT A
Page 16
EXHIBIT A
Page 17
EXHIBIT B
Page 18
EXHIBIT B
Page 19
EXHIBIT B
Page 20
EXHIBIT B
Page 21
EXHIBIT C
Page 22
EXHIBIT C
Page 23
EXHIBIT D
Page 24
EXHIBIT D
Page 25
EXHIBIT D
Page 26
EXHIBIT D
Page 27
EXHIBIT E
Page 28
EXHIBIT E
Page 29
EXHIBIT E
Page 30
EXHIBIT E
Page 31
EXHIBIT E
Page 32
EXHIBIT F
Page 33
EXHIBIT F
Page 34
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
