Function Media, L.L.C. v. Google, Inc. et al

Filing 83

MOTION to Compel by Function Media, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Tribble, Max)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA LLC Plaint iff, vs. GOOGLE INC. AND YAHOO!, INC. Defendants. § § § § § § § § § Civil Action No. 2007-CV-279

JURY TRIAL DEMANDED

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL DISCOVERY FROM DEFENDANT YAHOO!, INC. Before the Court is Plaintiff Function Media's Motion to Compel Discovery from Defendant Yahoo!, Inc, filed on April 13, 2009. After considering the Motion and the relief requested therein, the response in opposition thereto, and any reply, the Court finds that the motion should be and hereby is GRANTED. Accordingly, it is ORDERED that (1) Yahoo shall produce all responsive documents and source code withheld concerning API, direct advertisers/publishers, and APT; (2) Yahoo shall re-produce Mr. Plummer for deposition so that Function Media can inquire into topics that Mr. Plummer was improperly instructed not to answer; and, more generally, (3) Yahoo shall refrain from instructing deponents not to answer questions on grounds other than privilege.