Reflex Packaging Inc. v. Lenovo (United States), Inc.

Filing 64

INTERIM ORDER re 57 Discovery Dispute Joint Report #1. Parties to comply within 14 days from the date of this order. Signed by Magistrate Judge Howard R. Lloyd on 1/25/2012. (hrllc2, COURT STAFF) (Filed on 1/25/2012)

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1 2 *E-FILED: January 25, 2012* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 12 13 14 No. C10-01002 EJD (HRL) REFLEX PACKAGING, INTERIM ORDER RE DISCOVERY DISPUTE JOINT REPORT #1 Plaintiff, v. LENOVO (UNITED STATES), INC. 15 Defendant. / 16 17 Having reviewed the parties’ Discovery Dispute Joint Report (DDJR) #1, as well as the 18 declaration of Brian Jesinskey filed concurrently by defendant, the court issues this interim 19 order: 20 1. Each party shall advise the court whether or not In re Citric Acid Litigation, 191 21 F.3d 1090 (9th Cir. 1999) states the current law in the Ninth Circuit on interpretation of the 22 word “control” for purposes of production of documents under Fed. R. Civ. P. 34. 23 2. Plaintiff may submit its evidence in support of its argument in the DDJR. 24 3. Lenovo (United States) shall submit evidence to close two gaps in the Jesinskey 25 26 declaration: a. Were any of the current or past officers, directors, or employees of 27 Lenovo Group Ltd., Lenovo Singapore, Lenovo Hong Kong, or Lenovo Beijing ever officers, 28 directors, or employees of Lenovo (United States)? If so, give specific information, including 1 dates. 2 b. Does Lenovo (United States) share or have access to any databases with 3 Lenovo Group Ltd., Lenovo Singapore, Lenovo Hong Kong, or Lenovo Beijing? If so, describe 4 full particulars, with special attention to whether any such database includes information of the 5 kind sought by plaintiff (and, if so, whether it has been produced). 6 4. 7 SO ORDERED. 8 The parties shall comply within 14 days from the date of this order. Dated: January 25, 2012 9 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 5:10-cv-01002-EJD Notice has been electronically mailed to: 2 Gregory Paul Barbee 3 Mark L. Blake 4 Michael M. Carlson 5 Russell B. Hill 6 Steven Mark Hanle 7 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. gbarbee@sheppardmullin.com, snavarro@sheppardmullin.com mblake@sheppardmullin.com mcarlson@schnader.com, mpadilla@schnader.com rhill@smrh.com, mblake@smrh.com, tcontreras@smrh.com shanle@sheppardmullin.com, jfrancis@sheppardmullin.com 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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