directPacket Research, Inc. v. Polycom, LLC

Filing 188

INTERIM ORDER re #107 Motion to Compel Compliance with Subpoena. Joint letter due by 9/13/2019. Discovery Hearing set for 9/24/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Signed by Magistrate Judge Virginia K. DeMarchi on 8/29/2019. (vkdlc2S, COURT STAFF) (Filed on 8/29/2019)

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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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DIRECTPACKET RESEARCH, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No.19-cv-03918-LHK (VKD)

v.
POLYCOM INC,
Defendant.

INTERIM ORDER RE PLAINTIFF’S
MOTION TO COMPEL COMPLIANCE
WITH SUBPOENA
Re: Dkt. No. 107

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Plaintiff directPacket Research, Inc. (“directPacket”) moves for an order compelling non-

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parties Visual Systems Group, Inc. (“VSGi”) and Audio Fidelity Communications Corporation

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d/b/a the Whitlock Group, Inc. (“Whitlock”) to comply with a subpoena. Dkt. No. 107. That

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motion has been referred to the undersigned for disposition. Dkt. No. 187.

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In their opposition brief, VSGi and Whitlock state that they have agreed to produce

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documents responsive to Document Requests Nos. 1-4, 6-9 and 11. Dkt. No. 122 at 4. In view of

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this representation, the Court requests an update on the status of the parties’ discovery dispute.

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By September 13, 2019, directPacket, VSGi and Whitlock shall file a joint letter that

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identifies any issues that have been resolved, as well as all those that remain in dispute. For any

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matters that remain in dispute, directPacket, VSGi and Whitlock should briefly state whether their

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respective positions have changed from those stated in the prior briefing, and if so, what those new

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positions are, including citation to applicable legal authority. However, the Court emphasizes that

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the purpose of the joint letter is to provide an update on the current status of the present discovery

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matter. To that end, the joint letter shall not repeat any argument or append any exhibits that were

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already included in the prior briefing.

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This particular discovery dispute having been filed before this action was transferred to

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this district, this Court will not require the parties to participate in the conference between lead

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counsel, as ordinarily would be required by the undersigned’s Standing Order for Civil Cases1

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(although a further conference of counsel may be productive). However, the joint letter shall

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comply in all other respects with the discovery dispute resolution procedures outlined in that

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Standing Order.

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The Court sets a hearing on this discovery matter for September 24, 2019, 10:00 a.m.,

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Courtroom 2, Fifth Floor of the United States District Court, 280 South First Street, San Jose,

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California.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: August 29, 2019

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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https://cand.uscourts.gov/filelibrary/3438/Standing-Order-for-Civil-Cases-January-2019.pdf
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