RSI Corporation v. International Business Machines Corporation et al
Filing
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ORDER by Judge Whyte granting in part and denying in part 272 273 Discovery Letter Briefs. (rmwlc2, COURT STAFF) (Filed on 2/14/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Plaintiff,
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Case No. C-08-03414 RMW
RSI CORP., dba RESPONSIVE SYSTEMS
COMPANY, a New Jersey corporation,
ORDER RE DISCOVERY DISPUTE 2 & 3
vs.
[Re Docket Nos. 272, 273]
INTERNATIONAL BUSINESS MACHINES
CORPORATION, a New York corporation;
and DOE DEFENDANTS 1-20,
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Defendants.
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The court orders as follows:
1. IBM's request for an order requiring RSI "produce documents and allow testimony
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regarding its negotiations with Computer Associates" is DENIED;
2. RSI has represented that it "will conduct a reasonable search in response to IBM's
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request [about documents related to payments to Folium] and will produce any
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relevant, non-privileged responsive documents." The court orders RSI to do so
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by March 1, 2013.
3. RSI's request for production of IBM's litigation-related document retention
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notice(s) is DENIED.
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ORDER
CASE NO. C-08-03414
SW
-1-
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4. IBM has represented that "it has conducted a reasonable search but has not located
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any audit-related . . . document retention notice." Therefore, RSI's request for
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an order that IBM produce such documents is DENIED as moot.
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5. IBM has represented that it will "undertake a reasonable search for the
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document(s) referred to by IBM's witness in a recent 30(b)(6) deposition" with
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regard to pricing documents and that it has already produced some of these
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documents. The court orders IBM to complete its search and produce any
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relevant, non-privileged responsive documents by March 1, 2013.
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Dated: February 14, 2013
Ronald M. Whyte
United States District Court Judge
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ORDER
CASE NO. C-08-03414
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