Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 57

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF INTERSERVE, INC.'S MOTION TO SHORTEN TIME by Judge Patricia V. Trumbull granting in part and denying in part 54 Motion to Shorten Time (pvtlc2, COURT STAFF) (Filed on 4/7/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTERSERVE, INC. DBA TECHCRUNCH, ET AL., ) ) ) Plaintiffs, ) v. ) ) FUSION GARAGE PTE LTD., ) ) Defendant. ) __________________________________ ) Case No.: C-09-05812 RS (PVT) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF INTERSERVE, INC'S MOTION TO SHORTEN TIME [Docket No. 54] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Plaintiffs Interserve, Inc. doing business as TechCrunch and CrunchPad, Inc. move to shorten time on their motion to compel defendant Fusion Garage to produce documents. ("defendant" or "FG"). Additionally, plaintiff TechCrunch moves to shorten time on its motion to enforce a subpoena to non-party McGrath Powers. In support of its motion to shorten time, plaintiff TechCrunch states that the court should hear its motion "given the pendency of the motion for preliminary injunction and the need for discovery in time to prepare and serve their reply brief on April 22, 2010 and to depose Fusion Garage's principal on April 14, 2010." Cross-Motion to Shorten Time; Response to Motion to Shorten Time at 1. ("Mot."). Civil L.R. 6-3 requires the moving party to "identif[y] the substantial harm or prejudice that would occur if the Court did not change the time." ORDER, page 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

Having reviewed the papers and considered the arguments of counsel, plaintiff TechCrunch's motion is granted in part and denied in part.1 Plaintiff TechCrunch's motion to shorten time on its motion to compel defendant FG to produce documents is granted. However, plaintiff TechCrunch's motion to enforce the subpoena to non-party McGrath Powers is denied. Plaintiff has not shown the "substantial harm or prejudice" as it relates to non-party McGrath Powers. Defendant FG shall file its opposition to plaintiff's motion to compel documents no later than April 9, 2010 at 12 noon. The hearing shall be held on April 12, 2010 at 2PM (along with the hearing previously scheduled for defendant FG's motion to compel). IT IS SO ORDERED. April 7, 2010 PATRICIA V. TRUMBULL United States Magistrate Judge

The holding of this court is limited to the particular facts and circumstances underlying the present motion. ORDER, page 2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER, page 3