Tessera, Inc. v. Toshiba Corporation

Filing 73

ORDER DENYING TESSERA'S PROPOSED ORDER SEEKING DEPOSITIONS IN JAPAN. Re: Dkt. No. 69 . Signed by Judge Nathanael Cousins on 2/2/2016. (lmh, COURT STAFF) (Filed on 2/2/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TESSERA, INC.,
Plaintiff,

United States District Court
Northern District of California

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v.
TOSHIBA CORPORATION,
Defendant.

Case No. 15-cv-02543 BLF (NC)
ORDER DENYING TESSERA’S
PROPOSED ORDER SEEKING
DEPOSITIONS IN JAPAN
Re: Dkt. No. 69

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Tessera requests an order under Federal Rule of Civil Procedure 28(b) approving

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depositions of certain Toshiba employees to take place at the U.S. Consulate in Osaka,

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Japan. Dkt. No. 69. Toshiba objects to the relevance, burden, time, location, and

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proportionality of the depositions, and requests a protective order against Tessera’s abusive

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discovery tactics. Dkt. No. 72.

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It is not evident that the parties conferred with each other about the proposed

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depositions before Tessera filed its proposed order. This is the second time in the last

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month that Tessera has failed to meet the Court’s expectations for communicating and

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cooperating with opposing counsel before presenting a discovery dispute. See Dkt. No. 57.

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As Tessera has failed to show good cause for the proposed depositions, the Court

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denies the proposed order. The parties are ordered to confer with each other and by

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February 16, 2016, to either: (i) stipulate to depositions in Japan (including identity of

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witnesses, time and location of depositions, and any agreements on cost sharing) and file a
Case No. 15-cv-02543 BLF (NC)

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stipulated proposed order approving the depositions; or (ii) to file a joint letter brief setting

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forth their positions and proposed solutions. Tessera is warned that a further failure to

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cooperate in discovery will result in sanctions.

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IT IS SO ORDERED.

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Dated: February 2, 2016

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 15-cv-02543 BLF (NC)

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