Bakhtiari Corporation et al v. Register Tapes Unlimited, Inc. et al
Filing
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ORDER RE 31 LETTER BRIEF. Signed by Judge Paul S. Grewal on June 10, 2013. (psglc1, COURT STAFF) (Filed on 6/10/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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BAKHTIARI CORPORATION, et. al.,
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Plaintiffs,
v.
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REGISTER TAPES UNLIMITED INC., et. al.
Defendants.
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Case No.: 12-5183 LHK (PSG)
ORDER RE LETTER BRIEF
(Re: Docket No. 31)
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On May 22, 2013, the court granted-in-part Plaintiffs Bakhtiari Corporation, et. al.’s
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(“Bakhtiari”) motion to compel further responses to their first set of requests for productions
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(“RFPs”) and specifically required Defendants Register Tapes Unlimited, Inc., et. al. (“RTU”) to
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complete that production by June 7, 2013.1 On the day of the production deadline, RTU filed a
letter brief raising two issues regarding its inability to comply with that order.
First, RTU states that it is unable to respond to RFP 84 by the court’s June 7 deadline.
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While the court expresses serious reservations in granting an extension only brought to the court’s
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attention on the last day RTU was ordered to comply, RTU may have until June 20, 2013 to
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complete its production.
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See Docket No. 30.
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Case No.: C 12-5183 LHK (PSG)
ORDER
Second, despite the court’s unequivocal ruling on the matter, RTU now argues it does not
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have to produce profit and loss information at this time pursuant to California Civil Code Section
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3295(c). However, this court is not required to apply California procedural law, 2 and under Fed.
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R. Civ. P. 26 RTU’s financial information must be produced no later than June 20, 2013.
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IT IS SO ORDERED.
Dated: June 10, 2013
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_________________________________
PAUL S. GREWAL
United States Magistrate Judge
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United States District Court
For the Northern District of California
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See, e.g., Charles O. Bradley Trust v. Zenith Capital LLC, Case No. C-04-2239 JSW (EMC),
2005 WL 1030218, at *3 (N.D. Cal. May 3, 2005) (holding Cal. Civ. Code § 3295 to be
inapplicable to discovery in the federal district courts); see also Oakes v. Halvorsen Marine Ltd.,
179 F.R.D. 281, 285 (C.D. Cal. 1998) (ruling that Section 3295 is “clearly a procedural law”).
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Case No.: C 12-5183 LHK (PSG)
ORDER
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