Cullen v. Zoom Video Communications, Inc.

Filing 154

SECOND ORDER REGARDING JOINT DISCOVERY LETTER BRIEF. Signed by Judge Susan van Keulen on 2/16/21. Discovery Hearing re Unresolved Issues set for 2/23/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.u scourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (jhfS, COURT STAFF) (Filed on 2/16/2021)

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Case 5:20-cv-02155-LHK Document 154 Filed 02/16/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN RE: ZOOM VIDEO 8 COMMUNICATIONS, INC. PRIVACY 9 LITIGATION 10 Case No. 20-cv-02155-LHK (SVK) SECOND ORDER REGARDING JOINT DISCOVERY LETTER BRIEF Re: Dkt. Nos. 150, 152, 153 United States District Court Northern District of California 11 12 13 Following this Court’s order of February 9, 2021 (Dkt. 152) and today’s hearing addressing the remaining issues in the Parties’ Joint Discovery Brief (Dkt. 150), the Court 14 ORDERS as follows: 15 1. Third Party Software Integrations 16 a. Marketplace Apps. Regarding the tri-level structure proposed by Plaintiffs, as to 17 level 2 referred to as “marketplace apps,” Plaintiff identified 24 RFPs pursuant to 18 which it seeks a broad swath of information regarding potentially hundreds of 19 marketplace apps. As such, Plaintiffs’ requests are overbroad both as to the 20 information they seek and the universe from which they seek that information. 21 Accordingly, Plaintiffs are to narrow both the specific information they are seeking 22 (e.g., security audit information) and the number of marketplace apps to which they 23 are directing their requests. The Parties are to then meet and confer to reach a 24 compromise on the information to be provided. If the Parties are unable to 25 compromise, the issue may be included in a joint submission to the Court not 26 to exceed 5 pages by noon on Thursday, February 18, 2021. 27 28 Case 5:20-cv-02155-LHK Document 154 Filed 02/16/21 Page 2 of 2 b. SDK Snapshots. Defendant is to produce the agreed upon SDK snapshots as of 1 February 2020, April 2020, August 2020, and November 2020. 2 3 4. 4 a. End-to-end Encryption. The Parties are to continue their meet and confer efforts 5 regarding the search terms. For the reasons discussed at the hearing, the term 6 “encrypt!” is too broad and the term “end-to-end” is too narrow. If the Parties are 7 unable to compromise, the issue may be included in a joint submission to the 8 Court not to exceed 5 pages by noon on Thursday, February 18, 2021. 9 b. Enterprise v. Non-enterprise Customers. For the reasons discussed at the 10 hearing, Defendant’s response to RFP 17 is properly limited at this time to non- United States District Court Northern District of California 11 enterprise customers. 12 13 A hearing on any unresolved issues, if necessary, will be held on Tuesday, February 23, 2021 at 10:00 a.m. 14 15 Security Misrepresentations1 SO ORDERED. Dated: February 16, 2021 16 17 18 SUSAN VAN KEULEN United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 1 The remaining disputes are numbered as in Dkts. 150, 152. 2

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