Oracle America, Inc. v. Innovative Technology Distributors, LLC

Filing 111

ORDER re Discovery Letter Briefs. Signed by Judge Lucy H. Koh on 2/3/12. (lhklc3, COURT STAFF) (Filed on 2/3/2012)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ORACLE AMERICA, INC.,

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Plaintiff,
v.

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INNOVATIVE TECHNOLOGY
DISTRIBUTORS, LLC,
Defendant.

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Case No.: 11-CV-01043-LHK
Consolidated for all purposes with
No. 11-CV-02135 LHK
ORDER RE: DISCOVERY LETTER
BRIEFS
(re: dkt. #s 105, 106, 107, 108, 109, 110)

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As stated in this Court’s December 14, 2011 Minute Order and Case Management Order

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(“December 14, 2011 Order”), the parties were required to submit all discovery motions in this

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case to the undersigned by no later than February 1, 2012. See ECF No. 101. Each such discovery

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motion must be in the form of a letter brief to the Court not to exceed three pages in length,

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accompanied by a one-page declaration from lead trial counsel explaining the efforts made to

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resolve the dispute prior to filing the motion. For each discovery motion, the opposing party may

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file a response, also in the form of a letter brief to the Court not to exceed three pages, within seven

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days. No reply briefs are permitted.

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Plaintiff Oracle America, Inc. (“Plaintiff”) has timely filed a discovery motion regarding
the individual and 30(b)(6) depositions of James Spinella, but Plaintiff seeks expedited relief. See
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Case No.: 11-cv-01043-LHK
ORDER RE: DISCOVERY LETTER BRIEFS

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United States District Court
For the Northern District of California

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ECF No. 108. As stated in the December 14, 2011 Order, the Court will rule on all timely filed
discovery motions at the February 15, 2012 case management conference. See ECF No. 101. The
Court has set forth a procedure for resolving discovery disputes in this case and will not entertain
any requests for expedited relief. As a reminder, the Court fully expects the parties to resolve
discovery disputes amongst themselves to the greatest extent possible. Based on the declarations
filed with the motions, the Court is not satisfied with the parties’ meet and confer attempts.
Accordingly, lead trial counsel are ordered to meet and confer in person in the Court’s Jury Room
at 11:00 a.m. on February 15, 2012. The parties are hereby on notice that any party who takes a
discovery position that is not substantially justified may be subject to sanctions, including payment
of the opposing party’s attorneys fees and costs.
IT IS SO ORDERED.

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Dated: February 3, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-cv-01043-LHK
ORDER RE: DISCOVERY LETTER BRIEFS