Viacom International Inc. et al v. YouTube, Inc. et al

Filing 20

OBJECTIONS to the 19 January 14, 2009 Order re YouTube Subpoena by BayTSP, Inc. (Attachments: # 1 Proposed Order)(Hemminger, Steven) (Filed on 1/29/2009) Modified on 1/30/2009 (gm, COURT STAFF).

1 Steven D. Hemminger (State Bar No. 110665) 2 Two Palo Alto Square 3 3000 El Camino Real, Suite 400 4 Tel.: [phone] Fax: [phone] 11 12 Viaco m Internat ional Inc., et al., 13 14
v. Plaint iffs, [proposed] ORDER MODIFYING THE JANUARY 14, 2009 ORDER GRANTING YOUTUBE'S MOTION TO COMPEL Palo Alto, CA 94306-2112 ALSTON & BIRD LLP

Email: [e-mail]

7 Attorneys for Nonparty
BayTSP, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Miscellaneous Action Case No. 08-MC-80211-JF-PVT

15 YouTube, Inc. et al., 16 17 18 19 20 21 23 24 25 26 27 28

Defendants.

The Football Associat ion Premier League Limited, et al., Plaint iffs, v.

22 YouTube, Inc. et al.,
Defendants.

[proposed] ORDER MODIFYIN G THE JANU ARY 14, 2009 ORDER GR ANTIN G YOUTUBE'S MOTION TO COMPEL CASE NO. 08-MC -80211 JF (PVTx)

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The Court having fully considered BayTSP's Obje ction to the January 14, 2009

2 Order re YouTube Subpoena, the papers filed in response to those object ions and any oral 3 argument presented, finds that the standards of Fed. R. Civ. P. 72(a) have been met and 4 that the Order should be modified. As such: 5 7
IT IS HEREBY ORDERED that the January 14 Order Granting YouTube's

6 Motion to Compel is modified as fo llows:
YouTube's Motion to Compel is DENIED to the extent that it sought to compel

8 the production of documents related to BayTSP's clients other than the plaint iffs in the 9 SDNY Act ions, and to the extent it sought to compel the production of documents related 10 to monitoring activit ies and services other than the monitoring of YouTube.com. All of 11 the requests in the subpoena are limited to documents and co mmunicat ions related to 12 YouTube, BayTSP and the plaint iffs in the SDNY Act ions. Furthermore, all o f the 13 requests in the subpoena are limited to documents and co mmunicat ions directly related to 14 BayTSP's services for monitoring YouTube.com. 15 17 19 20 21 DATED: February 22 23 24 25 26 27 28
[proposed] ORDER MODIFYIN G THE JANU ARY 14, 2009 ORDER GR ANTIN G YOUTUBE'S MOTION TO COMPEL CASE NO. 08-MC -80211 JF (PVTx)

The portion of the January 14 Order requiring BayTSP to ident ify non-Viaco m

16 clients is vacated.
All other findings and rulings in the January 14 Order are affirmed. To the extent

18 any provisio n in the January 14 Order and this Order conflict, this Order shall control.

, 2009

By _______________________________ Honorable Judge Jeremy Fogel United States District Court Judge Northern District of California

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