eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 128

MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support Thereof filed by eBay Inc.. Motion Hearing set for 11/3/2009 10:00 AM. (Attachments: # 1 Proposed Order)(Kennedy, Colleen) (Filed on 9/29/2009)

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DAVID R. EBERHART (S.B. #195474) [e-mail] SHARON M. BUNZEL (S.B. #181609) [e-mail] COLLEEN M. KENNEDY (S.B. #227107) [e-mail] O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff eBay Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EBAY INC., Plaintiff, v. DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC., TODD DUNNING, DUNNING ENTERPRISE, INC., BRIAN DUNNING, BRIANDUNNING.COM, and DOES 1-20, Defendants. Case No. C 08-04052 JF PVT [PROPOSED] ORDER GRANTING EBAY INC.'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION FROM DIGITAL POINT SOLUTIONS, INC. AND SHAWN HOGAN Hearing Date: November 3, 2009 Time: 10:00 a.m. Judge: Hon. Patricia V. Trumbull

[PROPOSED] ORDER GRANTING EBAY'S MOTION TO COMPEL CASE NO. C 08-4052 JF PVT

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eBay's Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan was heard by the Court on November 3, 2009. Upon consideration of the papers submitted and the arguments of counsel, and for good cause shown, the Court hereby GRANTS Plaintiff's Motion and ORDERS: 1. that, notwithstanding his continuing invocations of his Fifth Amendment rights, within 15 days of this Order Defendant Shawn Hogan produce all documents responsive to eBay's First and Second Sets of Requests for Production that were previously obtained by the FBI, including but not limited to any such documents that may be within his control at third party NetHere, Inc.; 2. that Defendant Digital Point Solutions, Inc. conduct a diligent search for and produce all documents responsive to eBay's First and Second Set of Requests for Production within 15 days of this Order, including by exercising any and all rights that it may have to obtain documents from third party NetHere, Inc.; and 3. that Defendant Digital Point Solutions, Inc.'s objections to eBay's Interrogatories No. 1-2, Requests for Admission No. 1-23 and Requests for Production No. 1-8, 13-14 and 23 on the grounds that the definition of "DPS" is overbroad, unduly burdensome and oppressive are stricken and Digital Point Solutions, Inc. shall provide supplemental responses to those requests, including information regarding "DPS" as defined by eBay, within 15 days of this Order.

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[PROPOSED] ORDER GRANTING EBAY'S MOTION TO COMPEL CASE NO. C 08-4052 JF PVT

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[PROPOSED] ORDER GRANTING EBAY'S MOTION TO COMPEL CASE NO. C 08-4052 JF PVT

IT IS SO ORDERED.

DATED: _____________________

The Honorable Patricia V. Trumbull United States Magistrate Judge