UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Filing 217

ORDER RE UMG'S EX PARTE APPLICATION FOR ORDER REQUIRING VEOH TO RETAIN EVIDENCE by Magistrate Judge Andrew J. Wistrich: re: EX PARTE APPLICATION for Order for Requiring Veoh to Retain Evidence 190 The ex parte application is granted. (yb)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al Doc. 217 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES--GENERAL Case No. CV 07-5744 AHM (AJWx) Date: November 18, 2008 Title: UMG RECORDINGS, INC., et al. v. VEOH NETWORKS, INC., et al. =================================================================== PRESENT: HON. ANDREW J. WISTRICH, MAGISTRATE JUDGE Ysela Benavides Deputy Clerk ATTORNEYS PRESENT FOR PLAINTIFFS: None Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: None Present ORDER REGARDING UMG'S EX PARTE APPLICATION FOR ORDER REQUIRING VEOH TO RETAIN EVIDENCE The court has considered UMG's ex parte application and Veoh's opposition thereto. The ex parte application is granted. Information - such as the metadata fields sought by UMG in this case - is not necessarily immunized from discovery merely because it is transitorily stored in RAM. See California Pictures, Inc. v. Bunnell, 245 F.R.D. 443, 446-448 (C.D. Cal. 2007). The additional metadata fields sought by UMG are relevant for purposes of Fed. R. Civ. P. 26(b)(1), and since Veoh is already selectively retaining and producing some of the metadata fields, requiring Veoh to retain and produce the additional metadata fields as well would not impose an undue burden. The obligation to retain and produce the additional metadata fields begins immediately and ends with the dismissal or entry of final judgment in this case unless the court subsequently orders otherwise. The court expresses no view as to whether Veoh had an obligation to retain and produce the additional metadata fields prior to the date of this order. IT IS SO ORDERED. cc: Parties Initials of Deputy Clerk________ MINUTES FORM 11 CIVIL-GEN Dockets.Justia.com

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