UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
December 19, 2012
J2 GLOBAL COMMUNICATIONS, INC., PLAINTIFF,
EASYLINK SERVICES INTERNATIONAL CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Dean D. Pregerson United States District Judge
Order Denying Defendant's Ex Parte Application for Supplemental Briefing of Additional Issues in Conjunction with Resolution of Motion to Disqualify [Motion filed on Dec. 5, 2012]
Defendants Open Text Corporation, Captaris, Inc., and EasyLink Services Corporation (collectively "Defendants") have submitted an Ex Parte Application for Telephonic Conference and Supplemental Briefing of Additional Issues in Conjunction with Resolution of Motion to Disqualify in three cases pending before this court. On December 11, 2012, the Court granted the telephonic conference, which was held the next day. After the conference call, the parties submitted follow-up emails to the Court. The Court denies the applications for supplemental briefing.
The Court finds that the disqualification issue has been thoroughly briefed and argued. The Court declines, specifically, the request to file declarations by Mr. Davies, and Mr. Findley. Absent a meaningful waiver of the attorney-client privilege and subjecting these two declarants to cross-examination, which was not offered, their statements cannot be tested.*fn1 As to Mr. Findley, adequate cross-examination would appear to require focus on his j2 billings. j2, as seems obvious, would decline any waiver of its confidential communications concerning the subject matter of Mr. Findley's work. It warrants repeating that declarations concerning whether confidential information was communicated are not particularly useful, absent the type of searching inquiry that would inherently disclose further client confidences.
Finally, the Court's disqualification order, which will be forthcoming shortly, seeks to provide a practical mechanism for the transition to new counsel.
IT IS SO ORDERED.