BladeRoom Group Limited et al v. Facebook, Inc.

Filing 985

ORDER Re Conditional 969 Motion for Fee-Related Discovery. Signed by Judge Edward J. Davila on 8/8/3029. (ejdlc3S, COURT STAFF) (Filed on 8/8/2019)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 BLADEROOM GROUP LIMITED, et al., Case No. 5:15-cv-01370-EJD Plaintiffs, 11 ORDER RE CONDITIONAL MOTION FOR FEE-RELATED DISCOVERY United States District Court Northern District of California v. 12 13 EMERSON ELECTRIC CO, et al., Dkt. No. 969 Defendants. 14 15 Pending before the court is Emerson’s Conditional Motion For Fee-Related Discovery. 16 Based upon all pleadings filed to date and the comments of counsel at the hearing held on August 17 8, 2019, the court orders as follows: 18 Emerson’s request for discovery of billing and time records underlying BladeRoom’s 19 request for attorneys’ fees is DENIED. It is the court’s intention to appoint a special master to 20 review the billing and time records of BladeRoom’s counsel in camera and to prepare a report and 21 recommendation on BladeRoom’s Motion for Attorney Fees and Costs (Dkt. No. 962). 22 Emerson’s request for discovery regarding the amounts received (or to be received) by 23 BladeRoom’s counsel pursuant to BladeRoom’s settlement with Facebook is DENIED. Upon 24 entry of the settlement, BladeRoom and Facebook agreed to “bear their own attorneys’ fees and 25 costs.” Dkt. No. 968 at 19. Therefore, there is no need for discovery relating to the settlement. 26 See e.g. Hasan v. Johnson, No. 1:08-CV-0381-MJS PC, 2014 WL 2930452, at *1 (E.D. Cal. June 27 27, 2014) (“settlement providing that ‘[e]ach party shall bear its own costs and attorney's fees’ 28 Case No.: 5:15-cv-01370-EJD ORDER RE CONDITIONAL MOTION FOR FEE-RELATED DISCOVERY 1 1 2 3 4 5 expressly rules out any [] costs, or fees being paid.”). IT IS SO ORDERED. Dated: August 8, 2019 ______________________________________ EDWARD J. DAVILA United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:15-cv-01370-EJD ORDER RE CONDITIONAL MOTION FOR FEE-RELATED DISCOVERY 2

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