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)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
TESSERA, INC.,
Plaintiff,
United States District Court
Northern District of California
11
12
13
14
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
15
16
Tessera requests an order under Federal Rule of Civil Procedure 28(b) approving
17
depositions of certain Toshiba employees to take place at the U.S. Consulate in Osaka,
18
Japan. Dkt. No. 69. Toshiba objects to the relevance, burden, time, location, and
19
proportionality of the depositions, and requests a protective order against Tessera’s abusive
20
discovery tactics. Dkt. No. 72.
21
It is not evident that the parties conferred with each other about the proposed
22
depositions before Tessera filed its proposed order. This is the second time in the last
23
month that Tessera has failed to meet the Court’s expectations for communicating and
24
cooperating with opposing counsel before presenting a discovery dispute. See Dkt. No. 57.
25
As Tessera has failed to show good cause for the proposed depositions, the Court
26
denies the proposed order. The parties are ordered to confer with each other and by
27
February 16, 2016, to either: (i) stipulate to depositions in Japan (including identity of
28
witnesses, time and location of depositions, and any agreements on cost sharing) and file a
Case No. 15-cv-02543 BLF (NC)
1
stipulated proposed order approving the depositions; or (ii) to file a joint letter brief setting
2
forth their positions and proposed solutions. Tessera is warned that a further failure to
3
cooperate in discovery will result in sanctions.
4
IT IS SO ORDERED.
5
6
Dated: February 2, 2016
7
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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. 15-cv-02543 BLF (NC)
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?