QBEX Computadoras S.A., v. Intel Corporation

Filing 108

ORDER REGARDING PLAINTIFF'S SEPTEMBER 27, 2018 DISCOVERY LETTER. Signed by Judge Susan van Keulen on 9/28/18. (djmS, COURT STAFF) (Filed on 9/28/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 QBEX COMPUTADORAS S.A., Plaintiff, 8 v. 9 10 INTEL CORPORATION, 11 United States District Court Northern District of California Case No. 17-cv-03375-LHK (SVK) ORDER REGARDING PLAINTIFF'S SEPTEMBER 27, 2018 DISCOVERY LETTER Defendant. 12 13 On September 27, 2018, Qbex informed the Court via a letter of two discovery disputes. 14 Intel responded with its own letter on September 28, 2018. Qbex asserts that Intel has not 15 complied with two previous Court Orders (ECF 104; ECF 105), by failing to (i) provide Qbex 16 with a proposed plan to locate relevant documents related to Jia Guo and Guo Jia, and (ii) make 17 Intel witness Otto Matarrita available for deposition in the United States. Having considered the 18 Parties’ positions and prior discovery proceedings before the Court, the Court ORDERS as 19 follows: 20 1. Qbex has produced sufficient information to demonstrate that a search by Intel of the 21 account jia.guo@intel.com is within the scope of Fed. R. Civ. P. 26 (b)(1). In particular, 22 the information provided indicates that there is an Intel “Senior Software Engineer,” who 23 goes by Guo (Jeff) Jia and Jia (Jeff) Guo who works at Intel Asia-Pacific R&D, worked on 24 the subject processor, and uses the email address “jia.guo@intel.com.” In this instance, the 25 importance of the issues at stake outweigh any argument of untimeliness. Id. 26 Accordingly, the Court ORDRERS Intel to search the Jia (Jeff) Guo’s emails 27 (jia.guo@intel.com) for relevant documents according to the search terms previously 28 agreed upon by the Parties for the other custodians. Intel shall produce any responsive 1 documents by October 5, 2018. The Court DENIES Qbex’s request that Intel search the 2 related emails, guo*@intel.com and jia*@intel.com, as overbroad. 3 2. The Parties appear to be continuing to meet and confer regarding a deposition date for Intel 4 witness Otto Matarrita. However, in light of the impending close of discovery, the Court 5 ORDERS that Mr. Matarrita’s deposition take place between October 8, 2018 and October 6 11, 2018. 7 8 3. Qbex’s request for sanctions is DENIED. SO ORDERED. 9 10 Dated: September 28, 2018 United States District Court Northern District of California 11 12 SUSAN VAN KEULEN United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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