RSI Corporation v. International Business Machines Corporation et al

Filing 285

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

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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
SW

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