Optronic Technologies, Inc., v. Ningbo Sunny Electronic Co., Ltd. et al

Filing 184

INTERIM ORDER re 173 Joint Discovery Letter Brief re Subject Matter Waiver of Privilege re FTC Inquiry. Defendants to lodge documents for in camera review by 11/6/2018. Signed by Magistrate Judge Virginia K. DeMarchi on 10/23/2018. (vkdlc2S, COURT STAFF) (Filed on 10/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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OPTRONIC TECHNOLOGIES, INC,
Plaintiff,

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v.

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United States District Court
Northern District of California

Case No.16-cv-06370-EJD (VKD)

NINGBO SUNNY ELECTRONIC CO.,
LTD., et al.,

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Defendants.

INTERIM ORDER RE JOINT
DISCOVERY LETTER BRIEF RE
SUBJECT MATTER WAIVER OF
PRIVILEGE RE FTC INQUIRY
Re: Dkt. No. 173

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The parties disagree whether there has been a subject matter waiver of the attorney-client

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privilege with respect to an FTC inquiry regarding the acquisition of defendant Meade Instruments

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Corp. (“Meade”). Pursuant to this Court’s order (Dkt. No. 178), defendants submitted for an in

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camera review unredacted copies of five emails identified by plaintiffs at footnote 5 of the parties’

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joint discovery letter, i.e., SMRH-0001063, 0001065, 0001090, 0001094 and 0001098. The Court

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has reviewed those documents and, as discussed at the October 23, 2018 hearing, will not require

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those emails to be produced in unredacted form.

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Nevertheless, to resolve the dispute over the remaining documents at issue, the Court has

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agreed to undertake a further review of documents. To that end, at the October 23, 2018 hearing,

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plaintiffs submitted to this Court a copy of the documents identified in the chart on pages 2-4 of

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the parties’ joint discovery letter brief. As further discussed, by November 6, 2018 defendants

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shall lodge with this Court for an in camera review, documents relating or pertaining to the FTC’s

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inquiry and the response to that inquiry, that have not been produced or identified on defendants’

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privilege log. Defendants’ document submission shall cover the time period from the date

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Sheppard, Mullin, Richter & Hampton LLP (“Sheppard Mullin”) commenced its representation of

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Ningbo Sunny Electronic Co., Ltd. and/or Sunny Optics, Inc. with respect to the Meade

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acquisition through the date the acquisition was completed.1
IT IS SO ORDERED.

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Dated: October 23, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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Records presented in a prior discovery dispute suggested that Sheppard Mullin’s representation
began in June 2013 and ended several months later. See Dkt. No. 135 at 5, 6.
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