Unwired Planet LLC v. Square, Inc

Filing 63

MODIFICATION TO DISCOVERY PLAN & SCHEDULING ORDER (DOC. # 47 ). ( See pdf order for specifics ) Signed by Magistrate Judge William G. Cobb on 6/13/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNWIRED PLANET, LLC,

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3:13-cv-00579-RCJ-WGC
Plaintiff,

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v.

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MODIFICATION TO DISCOVERY
PLAN & SCHEDULING ORDER (DOC.
# 47)

SQUARE, INC.,

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Defendant.

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Following a June 12, 2014 telephonic discovery status conference with the parties,

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Unwired Planet, LLC (Unwired) and Square, Inc. (Square), the court issues this Order modifying

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the Discovery Plan and Scheduling Order (Doc. # 47) entered in this case.

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Section B.4.c is modified to reflect that the deferment of e-discovery, including discovery

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of e-mails and other ESI, until Phase II does not alleviate the party defending against patent

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infringement (Square) from its obligation under LR 16.1-9(a) of producing to the opposing party

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(Unwired) or making available for inspection and copying: "(a) Source code, specifications,

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schematics, flow charts, artwork, formulas, or other documentation sufficient to show the

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operation of any aspects or elements of an Accused instrumentality identified by the patent

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claimant in its LR 16.1-6(c) chart" if such information is contained within an e-mail or other ESI

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format. To be clear, if information that comes within the scope of LR 16.1-9(a) exists in an e-

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mail or other ESI format, such material shall be made available to Unwired.

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Section B.3 of the Discovery Plan and Scheduling Order is further modified to reflect the

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order of the court announced at the June 12, 2014 discovery status conference, and to bring it in

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line with the E-Discovery Model Order as follows:

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(1) Unwired and Square are directed to engage in a thorough, personal meet and confer

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session(s) regarding Square's production pursuant to LR 16.1-9(a) ascertain whether they can

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come to a mutually agreeable resolution;

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(2) If that resolution is unsuccessful, Unwired and Square are directed to confer and

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identify five custodians, five relevant and narrowly-tailored search terms, and a reasonable time

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frame for a targeted search of Square's ESI with the goal of facilitating the production of

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materials that come within the scope of LR 16.1-9(a), which is to take place in Phase I of

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discovery as outlined in the Discovery Plan and Scheduling Order. The parties may jointly agree

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to modify these limits without the court's leave.

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(3) If after a search has been made pursuant to (2), Unwired deems it necessary, it has

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leave of court to take one deposition, limited to four hours, of a Federal Rule of Civil Procedure

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30(b)(6) witness identified by Square as having knowledge regarding the universe of documents

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that would be responsive to LR 16.1-9(a). The deposition will be limited to this topic only. This

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deposition is in addition to the other depositions allowed during Phase I by the Discovery Plan

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and Scheduling Order.

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(4) If, after engaging in a thorough meet and confer session with Unwired, Square

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contends that the custodial search of ESI for materials responsive under LR 16.1-9(a) would be

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unduly burdensome, Square is instructed to file and serve a notice alerting the court of this

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contention and the court will set the matter for a further discovery status conference. The parties

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are reminded, however, of their obligation to engage in a good faith effort to meet and confer to

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resolve any dispute without the court's involvement. Should the court require any further briefing

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on the matter other than the notice advising the court of the dispute, the court will issue any

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further orders it deems necessary on the subject of briefing. Telephonic appearances will be

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permitted for any further discovery status conference.

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IT IS SO ORDERED.

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June 13, 2014.

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WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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