Public Engines v. Reportsee

Filing 57

Defendant's MOTION to Compel Discovery, MOTION for Sanctions filed by Defendant Reportsee. (Attachments: # 1 Text of Proposed Order) Motions referred to Samuel Alba.(Hunt, Jeffrey)

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Public Engines v. Reportsee Doc. 57 Att. 1 Jeffrey J. Hunt (5855) David C. Reymann (8495) PARR BROWN GEE & LOVELESS 185 South State Street, Suite 800 Salt Lake City, Utah 84111 Telephone: (801) 532-7840 Facsimile: (801) 532-7750 Email: Walter E. Diercks (pro hac vice) RUBIN, WINSTON, DIERCKS, HARRIS, & COOK, LLP 1201 Connecticut Avenue NW, Suite 200 Washington, D.C. 20036 Email: Joshua A. Glikin (pro hac vice) BOWIE & JENSEN, LLC 29 West Susquehanna Avenue Suite 600 Towson, Maryland 21204 Telephone: (410) 583-2400 Facsimile: (410) 583-2437 Email: Attorneys for Defendant ReportSee, Inc. ______________________________________________________________________________ IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION PUBLIC ENGINES, INC., a Delaware corporation, Plaintiff, ORDER GRANTING DEFENDANT'S MOTION TO COMPEL AND FOR SANCTIONS Case No. 2:10-cv-317 vs. REPORTSEE, INC., a Delaware corporation, Defendant. Having considered Defendant's Motion to Compel and For Sanctions, and for good cause appearing, THE COURT HEREBY ORDERS that the Motion to Compel and For Sanctions is granted and: Judge Tena Campbell Magistrate Judge Samuel Alba (i) Public Engines is ORDERED to provide a complete production in response to ReportSee's document Request No. 2, before Public Engines' Rule 30(b)(6) deposition on November 11, 2010; (ii) Public Engines is ORDERED to provide a written, detailed description of the methods that it employed to retrieve documents responsive to ReportSee's Request No. 2 (including the identities of each custodian whose records were searched, the date(s) of the searches and any search terms or other search methods employed), and to provide a detailed explanation of how and why the San Jose Police Department emails attached at Exhibit 8 to ReportSee's Memorandum Supporting its Motion to Compel and For Sanctions have not been produced to date; (iii) Public Engines is ORDERED to provide a complete response to ReportSee's Interrogatory No. 12, with the exception of lost revenue calculations that its retained expert is preparing; (iv) Public Engines is prohibited from attempting to introduce at trial or for any other purpose in this Action, business records that relate to, refer to, describe, mention, or evidence its damages calculations, including timesheets, logs, attorneys' fee reports and records, and other documents including correspondence that would or could support any damages allegations, except for its 26(a)(2) report and any documents that have already been produced as of the date of ReportSee's Motion to Compel and For Sanctions; and 2 (v) Public Engines is ORDERED to pay ReportSee's expenses, including reasonable attorneys' fees, incurred in connection with its Motion to Compel and For Sanctions. ENTERED this _________ day of __________________, 2010. BY THE COURT: __________________________________ Honorable Samuel Alba United States Magistrate Judge 3 CERTIFICATE OF SERVICE I hereby certify that on the 2nd day of November 2010, I filed the foregoing ORDER GRANTING DEFENDANT'S MOTION TO COMPEL AND FOR SANCTIONS via the CM/ECF system, which electronically served the following counsel of record: Alan L. Sullivan Todd M. Shaughnessy J. Elizabeth Haws SNELL & WILMER LLP 15 West South Temple, Suite 1200 Beneficial Tower Salt Lake City, Utah 84101-1004 Mark Lambert Mark Weinstein COOLEY GODWARD KRONISH, LLP Five Palo Alto Square Palo Alto, California 94306-2109 /s/ Jeffrey J. Hunt 4

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