Adobe Systems Incorporated v. Kornrumpf, No. 4:2010cv02769 - Document 58 (N.D. Cal. 2011)

Court Description: ORDER Granting 57 Joint Stipulation Re: Production of Records by Third Party Custodian of Records for Channel Advisor. Signed by Judge Claudia Wilken on 3/1/2011. (ndr, COURT STAFF) (Filed on 3/1/2011)
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Adobe Systems Incorporated v. Kornrumpf Doc. 58 John D. McCurdy, Esq., State Bar No. 54091 Reagan E. Boyce, Esq., State Bar No. 248064 2 McCURDY & LEIBL, LLP 12925 Riverside Drive, Third Floor 3 Sherman Oaks, California 91423 Tel: (818) 380-0123 4 Fax: (818) 380-0124 1 5 Attorneys for Defendants / Counter-Claimants, Hoops Enterprise, LLC (erroneously sued and served as Tony 6 Kornrumpf), and Anthony Kornrumpf 7 8 9 10 11 12 13 J. Andrew Coombs, Esq., State Bar No. 123881 Annie Wang, Esq., State Bar No. 243027 J. Andrew Coombs, A Professional Corp. 517 East Wilson Avenue, Suite 202 Glendale, CA 91206 Tel: (818) 500-3200 Fax: (818) 500-3201 Attorneys for Plaintiff / Counter-Defendant, Adobe Systems Incorporated UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 Case No.: CV1002769 CW (DMR) [Assigned for All Purposes to: Hon. Claudia Wilken, Courtroom 2] Adobe Systems Incorporated, 17 Plaintiff, 18 vs. JOINT STIPULATION RE: PRODUCTION OF RECORDS BY Anthony Kornrumpf a/k/a Tony Kornrumpf THIRD PARTY CUSTODIAN OF 20 and Does 1-10, Inclusive, RECORDS FOR CHANNEL ADVISOR; ORDER 21 __________________________________ Defendants. 19 22 23 Complaint Filed: 06/24/10 ___________________________________ And Related Actions. 24 25 26 27 IT IS HEREBY Plaintiff/Counter-Defendant STIPULATED Adobe AND Systems AGREED Incorporated by and between (“ADOBE”) and Defendants/Counter-Plaintiffs Hoops Enterprise, LLC and Tony Kornrumpf, 28 1 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR Dockets.Justia.com 1 (collectively “HOOPS”), by and through their respective counsel of record, 2 (hereinafter singularly “PARTY” or collectively (the “PARTIES”), that the 3 Production of Records by Third Party Custodian of Records for Channel Advisor in 4 response to the subpoena served by ADOBE will be made pursuant to the terms and 5 conditions as set forth below. 6 WHEREAS ADOBE served Third Party Custodian of Records for Channel 7 Advisor with a subpoena on or about November 10, 2010, requiring the production of 8 records pertaining to accounts maintained in the name of HOOPS on November 22, 9 2010. 10 WHEREAS HOOPS filed and served a Motion to Quash the subpoena or in the 11 Alternative sought a Protective Order limiting the manner and subject of production of 12 records by Third Party Channel Advisor. Said motion was filed in the United States 13 District Court of North Carolina for the Eastern District on or about November 19, 14 2010. 15 16 17 18 19 20 WHEREAS ADOBE opposed the Motion to Quash filed and served by HOOPS. WHEREAS the District Court of North Carolina for the Eastern District denied the Motion to Quash. WHEREAS the PARTIES have continued to meet and confer regarding the production of records by third parties, including Third Party Channel Advisor. 21 WHEREAS the District Court of California for the Northern District has issued 22 an order controlling the production of third party records produced by the Custodian 23 of Records for PayPal, Inc., Google, Inc., and eBay, Inc. 24 WHEREAS the parties have reached an agreement that the production of 25 records by Third Party Custodian of Records for Channel Advisor shall be made in the 26 same manner and pursuant to the same terms and conditions for production of records 27 set forth in the Order issued by the California District Court for the production of 28 records by Third Parties PayPal, Google and eBay. 2 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR 1 WHEREFORE the PARTIES hereby stipulate and agree that the production of 2 records by Third Party Custodian of Records for Channel Advisor, in response to the 3 subpoena served by ADOBE shall be made as follows: 4 1) All records produced will be limited to the time period of June 19, 2009 to 5 the present. 6 2) All records will be produced only to counsel of record for Defendants / 7 Counter-Plaintiffs Tony Kornrumpf and Hoops Enterprise, LLC – McCurdy and 8 Leibl, LLP, Attention: Ms. Reagan E. Boyce, Esq., 12925 Riverside Drive, Third 9 Floor, Sherman Oaks, CA 91423 Tel: (818) 380-0123, Fax: (818) 380-0124. 10 11 3) The records produced in response to the Categories set forth in Exhibit “A” to the subpoena shall be limited as follows: 12 A) All account registration information; 13 B) All payments to Channel Advisor to create any account, or payments 14 made to Channel Advisor since June 19, 2009 to the present; C) All transaction/listing records reflecting transactions or listings since 15 16 June 19, 2009 to the present; and D) Emails to and from Chanel Advisor and Tony Kornrumpf and / or 17 18 Hoops Enterprise, LLC since June 19, 2009 to the present. 19 4) Counsel for HOOPS will then review all records produced by Channel 20 Advisor and redact out all non-ADOBE related records using a list of keywords 21 provided by counsel for ADOBE, in addition to those already listed in the subpoena. 22 5) Counsel for HOOPS has represented that HOOPS does not intend to use the 23 non-ADOBE transactions and/or information for any purpose in this case. Should 24 HOOPS later decide to use such information, Defendants may be barred from doing so 25 if failure to inform ADOBE of their decision in a timely manner, and/or failure to 26 provide the non-ADOBE transactions to ADOBE in a timely manner results in 27 prejudice to ADOBE. ADOBE may bring a motion to the Court to have such evidence 28 excluded on the basis of prejudice if it believes prejudice has occurred. 3 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR 6) HOOPS shall review and redact transactions that are not related to ADOBE 1 2 products, using the keyword list generated by PARTIES. HOOPS may also redact any 3 information for which HOOPS assert a claim of privilege. The redacted records must 4 be produced to counsel for ADOBE no later than ten (10) business days from 5 HOOPS’ receipt of the responsive records from Channel Advisor. HOOPS shall have 6 fifteen (15) business days from receipt of the responsive documents to produce a 7 detailed privilege log. These deadlines may be extended for good cause upon written 8 agreement between the PARTIES. 7) Counsel for ADOBE shall have a reasonable opportunity to examine the 9 10 unredacted, non-privileged records and to perform key word searches on such records 11 in order to confirm that the redactions were properly made. ADOBE may not receive a 12 copy of the unredacted records, nor may it take any notes regarding unredacted 13 records except to note any problems with redactions that it wishes to raise with 14 HOOPS, and if necessary the Court. 8) The PARTIES agree that any further disputes regarding the production, 15 16 redaction or claim of privilege, or the review of records produced to counsel for 17 HOOPS will be resolved by good faith and reasonable meet and confer voice to voice 18 communications between counsel for the parties. Should the parties be unable to 19 resolve any disputes regarding these records, including the issues of redaction, claims 20 of privilege, or production of the records, the PARTIES agree that the District Court 21 for California, Northern District shall have jurisdiction to resolve any remaining 22 disputes. 23 9) The production of the Channel Advisor records by HOOPS to ADOBE shall 24 be subject to and made pursuant to the terms and conditions set forth in the Stipulated 25 Protective Order which has been filed with and entered by the Court in this matter. 26 /// 27 /// 28 /// 4 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR 1 10) Counsel for HOOPS shall notify third party Custodian of Records for 2 Channel Advisor of the agreed upon terms and conditions under which the records 3 subpoenaed are to be produced, and will request that third Party Channel Advisor 4 provide written notice to counsel for ADOBE when such production has been made. 5 IT IS SO STIPULATED. 6 7 McCURDY & LEIBL, LLP DATED: February 24, 2011 8 9 By: ___/s/_Reagan E. Boyce________ John D. McCurdy, Esq. Reagan E. Boyce, Esq. Attorneys for Defendants / CounterClaimants, HOOPS ENTERPRISE, LLC and ANTHONY KORNRUMPF 10 11 12 13 14 DATED: February 24, 2011 J. ANDREW COOMBS, APC 15 16 17 By:__/s/ Annie Wang____________ J. Andrew Coombs, Esq. Annie Wang, Esq. Attorneys for Plaintiff/Counter-Defendant ADOBE SYSTEMS INCORPORATED 18 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR 1 2 ORDER FOR GOOD CAUSE SHOWN, the JOINT STIPULATION RE: PRODUCTION OF 3 RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL 4 ADVISOR, filed concurrently herewith, is hereby entered. 5 If any disputes arise regarding the Chanel Advisor record, including but not limited to 6 any issues involving the production, redaction, review of, or assertion of a claim of privilege 7 related to the subject records, the Parties are Ordered to meet and confer by voice to voice 8 communication in a good faith effort to resolve said disputes. If after such good faith meet and 9 confer efforts, the Parties are still unable to reach a resolution, the Parties may submit a Joint 10 Letter to the Magistrate Judge assigned to this matter for all discovery disputes, Hon. Donna M. 11 Ryu pursuant to her standing order. 12 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 16 DATED: 3/1/2011 __________________________________ Honorable Judge Claudia Wilken United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 6 JOINT STIPULATION RE: PRODUCTION OF RECORDS BY THIRD PARTY CUSTODIAN OF RECORDS FOR CHANNEL ADVISOR