Groupion, LLC v. Groupon, Inc. et al
Filing
189
DISCOVERY ORDER re 187 Joint Discovery Letter Briefre: Deposition Discovery Dispute filed by Groupion, LLC, Groupon, Inc.. Signed by Judge Maria-Elena James on 8/27/2012. (cdnS, COURT STAFF) (Filed on 8/27/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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No. 11-0870 MEJ
GROUPION, LLC.,
ORDER RE: DISCOVERY DISPUTE
vs.
Re: Docket No. 187
GROUPON, INC., et al.,
Defendants.
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United States District Court
For the Northern District of California
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Before the Court is the parties’ Joint Letter Brief Regarding Deposition Discovery Dispute,
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filed August 23, 2012. Dkt. No. 187. The parties dispute whether Plaintiff Groupion, LLC’s request
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to compel a second Federal Rule of Civil Procedure 30(b)(6) deposition is timed-barred by Civil
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Local Rule 37-3, whether the 30(b)(6) topics are properly limited to Defendant Groupon, Inc.’s
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counterclaims, and whether they are otherwise appropriate topics under Rule 30(b)(6). Because it
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finds Groupion’s request untimely, the Court finds that it must be denied. Under Civil Local Rule
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37–3, the deadline to file a motion to compel discovery is seven days after the discovery cut-off.
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Here, Groupion served its 30(b)(6) notice on April 12, 2012, with a deposition date of May 8. Fact
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discovery on Groupon’s counterclaims closed on May 11, 2012. Despite this, Groupion waited three
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months to bring its request to the Court’s attention. As Groupion has failed to establish good cause
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for this delay, the request is DENIED. See Nuance Commc’ns, Inc. v. Abbey Software House, 2012
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WL 2838431, at *2 (N.D. Cal. July 10, 2012 (denying joint letter to compel under Civil Local Rule
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37–3 as untimely).
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IT IS SO ORDERED.
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Dated: August 27, 2012
MARIA-ELENA JAMES
United States Magistrate Judge
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