United States District Court, N.D. California
ORDER LETTERS NOS. 2 RE JOINT DISCOVERY DISPUTE -4
RE: DKT. NOS. 132, 134, 135, 135-3
SUSAN
ILLSTON, UNITED STATES DISTRICT JUDGE.
On June
28, 2019, July 2, 2019, and July 3, 2019 the parties filed
their second, third, and fourth joint discovery dispute
letters, respectively. The parties are cautioned that, in the
future, if they object to discovery requests as burdensome,
overbroad, or not reasonably tailored, the parties should
provide the Court with specific information in support of
their objections.
I.
June 28, 2019 Letter
In the
June 28, 2019 letter, Illumina argues Natera has failed to
produce sufficient documents in response to Illumina's
requests in some instances, and, for other requests, Natera
has failed to provide any documents whatsoever. Dkt. No. 132.
To date, Natera has produced fewer than 1, 000 documents -
many of which, Illumina argues, are publicly available.
Id. at 1.
As to
its Local Rule 3-2 production, Natera argues no dispute
exists because it has already produced everything.
Id. at 3. With respect to its FRCP 34 production,
Natera states that “since June 11, Natera has searched
for and begun” producing documents but argues
“Illumina's requests are extremely broad and seek
irrelevant documents.” Id. at 4.
By
August 1, 2019, Natera
shall produce all the documents it
agreed to search for and produce based on the parties'
June 11 meet-and confer-call. Also, in the June 28, 2019
letter, Natera represented that it would produce various
categories of documents including (1) marketing and
promotional documents, (2) projected sales information, (3)
documents showing the total number of units of Natera's
accused products sold as well as sales price; (4) license
agreements relating to Natera's accused Panorama test or
the ‘592 patent; and (5) prior art to Natera's
‘592 patent. Dkt. No. 132 at 4. All documents within
these categories must be produced by August 1, 2019.
On
August 1, 2019, Natera shall also provide Illumina an
accounting specifying which requests, if any, it is refusing
to provide documents for and/or how it has limited its
production (e.g. - producing a smaller date range than
requested, etc). The accounting shall also specify which
documents are responsive to which requests (e.g. - bates
range XX - YY is responsive to request number 1).
II.
July 2, 2019 Letter
In the
July 2, 2019 letter, Natera argues that Illumina's
voluminous document production is largely non-responsive,
and, despite the volume, is deficient. Dkt. No. 134. Natera
argues that Illumina has made no production whatsoever with
respect to requests number 19, 22, 23, 27-30, 33, 34, 41-44,
48-51, 55, 56, 58, 59, 64, 65, 67, 72, 80-82. Id. at
3.
Illumina
argues its production is sufficient and on-going and that it
has produced at least some documents with respect to requests
number 19, 22, 23, 27, 28, 29, 33, 34, 41-44, 48-51, 56, 58,
59, 67, 72, 81, 82. Id. at 3-4. Then, presumably,
Illumina has not made any production whatsoever with respect
to at least requests 28, 29, 30, 55, and 80 - if not more.
Illumina states that its production is “not yet
complete” and that it “may conduct additional
searches to determine its production is complete ... in
categories such as projected future sales.” Dkt. No 134
at 5.
By
August 1, 2019, Illumina
shall conduct the additional
searches it references in the July 2, 2019 letter and produce
all documents located based on those searches. Illumina shall
also produce all documents it represented it would produce
during the parties' June 14, 2019 meet-and-confer.
On
August 1, 2019, Illumina shall also provide Natera an
accounting specifying which requests, if any, it is refusing
to provide documents for and/or how it has limited its
production (e.g.- producing a smaller date range than
requested, etc.). The accounting shall also specify which
documents are responsive to which requests (e.g. - bates
range XX - YY is responsive to request number 1).
III.
July 3, 2019 Letter [1]
In the
July 3, 2019 letter, Natera argues Illumina must produce the
current version of its source code and records reflecting
updates or changes made to the ...