`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`FINJAN, INC.,
`Plaintiff,
`
` v.
`JUNIPER NETWORKS, INC.,
`Defendant.
` /
`
`No. C 17-05659 WHA
`
`ORDER RE STIPULATED
`ESI DISCOVERY PROCESS
`
`The Court has reviewed the parties’ joint response regarding their stipulated ESI
`discovery process (Dkt. No. 62). With respect to email production requests, since the parties
`disagree on this point (see id. at 1–2), their stipulated process (see Dkt. No. 51 ¶¶ 6–8) shall not
`be the exclusive mode of search for such requests and shall not supersede obligations to
`manually search relevant materials. Their stipulation will not be accepted unless and until it has
`been modified to clarify this limitation.
`With respect to paragraph 20 of the undersigned judge’s standing order, this order
`rejects Juniper’s proposed modifications (see Dkt. No. 62 at 2). If, as Juniper predicts, Finjan
`abuses the discovery process as litigation progresses, Juniper remains free to bring its
`grievances to the Court’s attention the ordinary way — via discovery letter. In the meantime,
`paragraph 18 of the parties’ stipulation is STRICKEN insofar as it purports to nullify paragraphs
`18 and 20 of the undersigned judge’s standing order (see Dkt. No. 51 at 5).
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`For the Northern District of California
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`United States District Court
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`Case 3:17-cv-05659-WHA Document 70 Filed 04/23/18 Page 2 of 2
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`Finally, with the parties’ agreement (Dkt. No. 62 at 2), the last sentence of paragraph 10
`of their stipulation stating, “No other remedies are available” (Dkt. No. 51 at 4) is STRICKEN.
`For the foregoing reasons, this order DENIES the parties’ request to approve their
`stipulated ESI discovery process in its current form. The parties may submit a revised
`stipulation consistent with this order.
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`IT IS SO ORDERED.
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`Dated: April 23, 2018.
`
`
`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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`For the Northern District of California
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`United States District Court
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