BladeRoom Group Limited et al v. Facebook, Inc.
Filing
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(REDACTED) ORDER by Magistrate Judge Howard R. Lloyd re 180 Discovery Dispute Joint Report No. 8. (hrllc2S, COURT STAFF) (Filed on 3/13/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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BLADEROOM GROUP LIMITED, et al.,
Plaintiffs,
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v.
FACEBOOK, INC., et al.,
Case No.5:15-cv-01370-EJD (HRL)
**REDACTED**
ORDER RE DISCOVERY DISPUTE
REPORT NO. 8
Re: Dkt. No. 180
Defendants.
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In Discovery Dispute Joint Report (DDJR) #8 defendants Emerson Electric Co., Emerson
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Network Power Solutions, Inc., and Liebert Corporation (collectively, the “Emerson defendants”)
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seek an order compelling plaintiffs to provide further detail about their allegedly misappropriated
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trade secrets (Interrogatory #1) and also to separately identify any claimed misconduct by each of
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the Emerson defendants instead of lumping them together collectively (Interrogatories #1-11).
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Plaintiffs oppose both requests.
Interrogatory #1
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Interrogatory #1 says: “Identify all trade secrets you allege that you disclosed to [each of
the Emerson defendants].”
The Emerson defendants say that plaintiffs simply have not revealed enough about their
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claimed trade secrets to enable them to know what they are defending against. Nonsense, say
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plaintiffs. We disclosed them either in our Disclosure of Plaintiffs’ Trade Secrets under California
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Code of Civil Procedure § 2019.210 (“Disclosures”) or in various documents we identified in our
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response to Interrogatory #1. In rejoinder, the Emerson defendants contend, in effect, that the
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Disclosures are long on generalities and short on specifics.
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Plaintiffs’ first argument is that, if the Emerson defendants wanted more specificity in the
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Disclosures, they should have moved for an order to supplement them. Since they have not done
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so, they have “waived” (plaintiffs’ word) the contention that the disclosure is inadequate.
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Plaintiffs cite no authority for this rather curious proposition, and the court sees nothing wrong
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with using discovery (Interrogatory #1) to get more specificity. Indeed, discovery was exactly the
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right way to go about probing the facts and, perhaps, exposing the weaknesses of an opposing
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United States District Court
Northern District of California
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party’s claims. The court rejects plaintiffs’ argument.
Equally troubling is the plaintiffs’ assertion that Interrogatory #1 only asked that their trade
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secrets be “identif[ied],” and that they had already done that in their Disclosures. Plaintiffs say
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that if the Emerson defendants had wanted something more than the identity of the trade secrets,
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they should have propounded an interrogatory that pointedly asked for specifics, and plaintiffs
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would have been happy to comply. Here, plaintiffs are exalting form over substance. Obviously,
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defendants wanted specifics, or why bother to propound the interrogatory at all? Furthermore, the
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Disclosures did not, in this court’s view, for the most part adequately “identify” the trade secrets
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with the “reasonable particularity” that Cal. Code Civ. Proc. § 2019.210 requires. And, since
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plaintiffs tell the court that they would have fleshed out their Disclosures if the Emerson
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defendants had only asked the right question, they should have no problem doing that now that the
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court has clarified the question for them.
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REDACTED
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In short, the court is persuaded that plaintiffs owe the Emerson defendants a supplemental
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United States District Court
Northern District of California
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response to Interrogatory #1 that addresses all the claimed trade secrets as to the shortcomings the
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court has described by example above.
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Interrogatories #1-11
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The Emerson defendants are three separate, presumably related, entities. In Interrogatories
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#1-11 each asked plaintiffs to state (individually), which entity received what secret, which entity
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misappropriated what secret, which caused damages, and so on. Plaintiffs responded by providing
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identical answers for each entity and made no attempt to separate out who did what. Plaintiffs
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explained they would need further discovery to figure that out and offered to supplement their
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responses later. That was months ago. “Later” is now. Plaintiffs shall now respond separately
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and particularly to each of the three Emerson defendants.
Conclusion
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Plaintiffs will submit supplemental interrogatory responses within 14 days from the filing
of this order.
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SO ORDERED.
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Dated: March 13, 2017
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HOWARD R. LLOYD
United States Magistrate Judge
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