Newmark Realty Capital, Inc. v. BGC Partners, Inc. et al

Filing 330

ORDER ON 320 JOINT DISCOVERY LETTER BRIEF RE MOTION FOR DETERMINATION OF FURTHER DISCOVERY DISPUTE RE DEFENDANT'S MOTION TO COMPEL ESI FROM PLAINTIFF. Signed by Magistrate Judge Susan van Keulen on 5/2/2018. (ofr, COURT STAFF) (Filed on 5/2/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEWMARK REALTY CAPITAL, INC.,
Plaintiff,

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United States District Court
Northern District of California

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v.
BGC PARTNERS, INC., et al.,
Defendants.

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ORDER ON JOINT DISCOVERY
LETTER BRIEF RE MOTION FOR
DETERMINATION OF FURTHER
DISCOVERY DISPUTE RE
DEFENDANT'S MOTION TO COMPEL
ESI FROM PLAINTIFF
Re: Dkt. No. 320

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Case No. 16-cv-01702-BLF (SVK)

Before the Court is the parties’ Joint Discovery Letter Brief re Motion for Determination
of Further Discovery Dispute re Defendant’s Motion to Compel ESI from Plaintiff. ECF 320.
The Court does not find Defendants’ arguments that Plaintiff’s internal emails merely referring to

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companies that Defendants either acquired or affiliated with in the years prior to such relationships
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compelling. Further, given the inability to narrow these searches in any meaningful way and the

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resultant hit counts, the Court does not find these ESI requests proportional to the needs of the

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case. Accordingly, Defendants’ motion is DENIED.

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SO ORDERED.
Dated: May 2, 2018

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SUSAN VAN KEULEN
United States Magistrate Judge