Case 5:18-md-02834-BLF Document 525 Filed 09/10/19 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`IN RE: PERSONALWEB
`TECHNOLOGIES, LLC, ET AL. PATENT
`LITIGATION
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`Case No. 18-md-02834-BLF (SVK)
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`ORDER RE: SEPTEMBER 3, 2019
`DISCOVERY HEARING
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`Re: Dkt. Nos. 489, 503, 504
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`Before the Court are the following joint statements: (1) a motion by Amazon.com, Inc. and
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`Amazon Web Services, Inc. (collectively “Amazon”) to compel PersonalWeb Technologies, LLC
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`and Level 3 Communications, LLC (collectively “PersonalWeb”) to produce documents and
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`further interrogatory responses (Dkt. 489); (2) a motion by PersonalWeb to compel Twitch
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`Interactive, Inc. (“Twitch”) to produce documents (Dkt. 503); and (3) a motion by PersonalWeb to
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`compel Twitch to provide witnesses for deposition under Fed. R. Civ. Procedure 30(b)(6) (Dkt.
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`504). The Court reviewed the Parties’ submissions and held a hearing on September 3, 2019. The
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`Court addressed these issues from the bench and determined the following:
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`By Thursday, September 5, 2019, the Parties are ordered to exchange the items as directed
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`by the Court at the hearing and as set forth below. The parties are to promptly meet and confer
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`regarding the resolution of all outstanding disputes. The meet and confer session(s) must be either
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`in-person or by telephone, and each side must have the participation of at least one person with
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`full authority to negotiate and compromise to constructively address the disputes. If the Parties
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`are unable to come to an agreement after meeting and conferring, the Parties must submit the
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`remaining issues in dispute to the Court in a single joint statement comprised of a chart identifying
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`the disputed issue and each Parties’ position by 12:00 p.m. on September 9, 2019. This
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`Case 5:18-md-02834-BLF Document 525 Filed 09/10/19 Page 2 of 3
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`submission should be a word document and should be emailed to the Court at
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`SVKCRD@cand.uscourts.gov. A hearing will be held on September 10, 2019, at 10:00 a.m.;
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`counsel must appear in person and with authority to engage in further meet and confer.
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`The Court ORDERS as follows:
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`Dkt. 489: Amazon’s motion to compel interrogatory responses and production of
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`documents from PersonalWeb
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`This Court denies Amazon’s motion to compel further interrogatory responses as
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`overbroad and improperly seeking expert opinion testimony. As for the requests for production,
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`by September 5, 2019, Amazon is to identify for PersonalWeb the documents Amazon believes
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`PersonalWeb has agreed to produce but has not yet provided. The parties are to meet and confer
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`and agree upon a date for production. As for requests Nos. 94 and 95 and the common interest
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`privilege asserted by PersonalWeb, by September 5, 2019, Amazon is to provide revised requests
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`as discussed at the hearing. PersonalWeb will be required to create a privilege log reflecting any
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`documents responsive to the revised requests Nos. 94 and 95 for which it is claiming a common
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`interest privilege. The parties are to meet and confer regarding the applicability and scope of the
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`privilege as it may apply to the revised requests. The parties are to address, inter alia, the volume
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`of allegedly privileged documents and the timing of completion of a privilege log by
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`PersonalWeb.
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`Dkt. 503: PersonalWeb’s motion to compel production of documents from Twitch
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`Regarding Bullets 1-4 and 6, by September 5, 2019, PersonalWeb is to create a chart
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`identifying (1) the specific information it claims is it has requested but has not yet been produced;
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`and (2) at least one but not more than two specific requests for production that purportedly cover
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`the subject matter.
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`Regarding Bullet 5, by September 5, 2019, Twitch is ordered to confirm the existence of
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`additional documents as discussed in Court.
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`Bullet 7 is denied without prejudice only to the extent that PersonalWeb gains a factual
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`basis for the request through the remaining depositions.
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`Regarding Bullet 8, the parties agree that all relevant material has been produced.
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`Case 5:18-md-02834-BLF Document 525 Filed 09/10/19 Page 3 of 3
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`As discussed in Court, the parties are to meet and confer regarding the remaining
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`production issues and submit any remaining disputes to the Court in the format discussed above.
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`Dkt. 504: PersonalWeb’s motion to compel further 30(b)6 testimony from Twitch
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`Regarding topic 1(c), if Twitch has made such projections, it is to designate an appropriate
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`individual for deposition.
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`Regarding topic 5(e), Twitch is ordered to designate an appropriate individual who can
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`speak to the revenue forecasts during the relevant time period as limited by the September 3, 2019
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`hearing. The Court understands the relevant time period to be 2011-2015.
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`As to topics 7(a) and 7(b), Twitch is ordered to produce Mr. Richards for deposition on
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`these topics.
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`SO ORDERED.
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`Dated: September 4, 2019
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`SUSAN VAN KEULEN
`United States Magistrate Judge
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