QBEX Computadoras S.A., v. Intel Corporation

Filing 109

RESPONSE TO QBEX'S SEPTEMBER 28, 2018 SUBMISSION; ORDER TO MEET AND CONFER; REQUEST FOR FURTHER BRIEFING. 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) RESPONSE TO QBEX’S SEPTEMBER 28, 2018 SUBMISSION; ORDER TO MEET AND CONFER; REQUEST FOR FURTHER BRIEFING Defendant. 12 13 The Court is in receipt of Qbex’s September 28, 2018 letter regarding deposition limits. 14 The dispute is not properly before the Court in a joint letter. Further, it appears from the face of 15 the document that Intel has not been given a reasonable amount of time to respond.1 The Court 16 appreciates that discovery closes in this matter on October 11, 2018, and that it previously 17 informed the Parties of the Court’s unavailability after today until Tuesday, October 9, 2018. The 18 foregoing timing should have directed the Parties to be more diligent in their meet and confer 19 efforts to resolve their outstanding discovery disputes, not, as has happened, to submit multiple 20 disputes to the Court today that fail to comply with this Court’s standing order. 21 22 23 24 25 26 27 28 1 After finalizing this Order, the Court received Intel’s response. 1 Resolving issues around the taking of depositions is not a complex matter. Accordingly, 2 the Parties are ordered to continue their meet and confer efforts. It may be instructive for the 3 Parties that this Court generally excludes expert depositions from the presumptive limits. Should 4 this matter remain unresolved by the Parties, which could only result from the Parties’ 5 unwillingness to compromise which would be taken into account in resolving future disputes, the 6 Court will consider it in a joint submission which reflects each Party’s proffered compromise (not 7 merely their preferred position) provided to the Court no later than noon on October 5, 2018. 8 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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