Google Inc. et al v. Egger et al

Filing 74

Proposed Order re 72 Memorandum in Opposition, and Plaintiffs' Cross-Motion to Compel Production of Documents From Defendant Software Rights Archive, LLC by Yahoo! Inc., IAC Search & Media, Inc., Lycos Inc., Google Inc., AOL LLC. (Kash, Jennifer) (Filed on 2/3/2009)

1 [SEE SIGNATURE BLOCK FOR COUNSEL] 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. CV 08-03172-RMW [PROPOSED] ORDER DENYING DEFENDANTS' MOTION TO QUASH AND GRANTING PLAINTIFFS' CROSSMOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT SOFTWARE RIGHTS ARCHIVE, LLC Hearing Date: February 27, 2009 Hearing Time: 9:00 AM

11 GOOGLE INC., AOL LLC, YAHOO! INC., IAC SEARCH & MEDIA, INC., and 12 LYCOS, INC., 13 14 v. Plaintiffs,

15 L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and 16 SITE TECHNOLOGIES, INC., 17 18 19 20 21 22 23 24 25 26 27 28
51429/2783254.1

Defendants.

[PROPOSED] ORDER DENYING MOTION TO QUASH AND GRANTING MOTION TO COMPEL CASE NO. CV 08-01372 RMW

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The Court has considered the Motion to Quash Plaintiffs' 30(b)(6) Notice of Deposition

2 brought by Defendant Software Rights Archive, LLC ("SRA"), the Cross-Motion to Compel 3 Production of Documents brought by Plaintiffs Google Inc., AOL LLC, Yahoo! Inc., IAC Search 4 & Media, Inc., and Lycos, Inc. (collectively "Plaintiffs"), all supporting papers and responsive 5 pleadings, and the arguments of counsel heard on February 27, 2009. 6 7 GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED as follows: 1. Plaintiffs' Motion to Compel is GRANTED. SRA is ordered to produce

8 immediately all non-privileged documents responsive to each request in Plaintiffs' First and 9 Second Set of Requests for Production, and SRA may not withhold responsive documents on the 10 purported ground that these documents are irrelevant to personal jurisdiction. 11 2. SRA's Motion to Quash is DENIED. Defendant SRA shall produce a corporate

12 representative to testify on the topics in Plaintiffs' Notice of 30(b)(6) Deposition within 10 days of 13 the date of this order. Plaintiffs shall have the opportunity to submit supplemental briefing on 14 Defendants' motion to transfer, dismiss, or stay within 10 days of the deposition. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER DENYING MOTION TO QUASH AND GRANTING MOTION TO COMPEL CASE NO. CV 08-01372 RMW

IT IS SO ORDERED.

SO ORDERED this ______ day of _______________, 2009.

_____________________________________ THE HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

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