Youtoo Technologies, LLC v. Twitter, Inc.

Filing 13

ORDER - The motion to compel will be held in abeyance. SGM is directed to file and serve by 9/12/2017 a declaration from SGM's ninety-nine percent owner, Grant Lincoln, addressing the issues specified herein. Signed by Magistrate Judge William G. Cobb on 8/29/2017. (Copies have been distributed pursuant to the NEF - DRM)

1

.

2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

YOUTOO TECHNOLOGIES, LLC,
Plaintiff,

8
9
10

Case No. 3:17-cv-00414-LRH-WGC
ORDER

v.
TWITTER, INC.,
Defendant.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

On July 10, 2017, Twitter filed a motion to compel interested party Strategic Gaming
Management LLC (SGM) to produce documents pursuant to Federal Rule of Civil Procedure 45.
(ECF Nos. 1, 1-2, sealed version at ECF No. 2-1.) SGM filed a response (ECF Nos. 5, 5-1), and
Twitter filed a reply (ECF Nos. 7, 7-1 to 7-6, sealed version at ECF Nos. 8, 8-1 to 8-4). The
court held a hearing on the motion on August 29, 2017.
After hearing argument from counsel, the motion to compel will be held in abeyance.
Within fourteen (14) days of the date of this Order SGM is directed to file and serve a
declaration from SGM’s ninety-nine percent owner, Grant Lincoln, addressing the following:
(1) the steps Mr. Lincoln undertook to search for documents responsive to Twitter’s
Rule 45 subpoena;
(2) Mr. Lincoln’s practice of purging emails received in his inbox; whether emails were
purged following service of the subpoena; if emails were purged after the subpoena was served,
when this occurred; and, if emails were purged that relate to Youtoo, whether there is a
mechanism to recover those emails that would not subject SGM to undue burden and expense;
(3) whether the entirety of documents in Mr. Lincoln’s physical file related to Youtoo
were produced, or whether any documents in that file (or those files) were withheld on the basis
of any objection.

1
2
3
4

After the court has an opportunity to review Mr. Lincoln’s declaration, it will issue an
order on Twitter’s motion to compel.
IT IS SO ORDERED.
DATED: August 29, 2017.

5
6
7

__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

-2-