Opinion
20 Civ. 1106
09-22-2022
KEWAZINGA CORP., Plaintiff, v. GOOGLE LLC, et al., Defendants.
ORDER
LORNA G. SCHOFIELD, District Judge
WHEREAS, a conference was on September 21, 2022, regarding the parties' proposed motions for summary judgment and a discovery dispute. For the reasons stated at the conference, it is hereby
ORDERED that Defendants shall produce to Plaintiff's expert Mr. Gregory Kohs (or otherwise grant him access to), all materials relied upon or mentioned in the body of the expert reports of Defendants' expert, Dr. Carol Scott, but Defendants need not produce or grant access to materials designated “Highly Confidential - Attorneys' Eyes Only” that appear only in the portion of her reports listing materials she considered. It is further
ORDERED that Plaintiff's request to preclude trial testimony from Dr. Scott regarding these documents is DENIED without prejudice and can be addressed in a motion in limine. It is further
ORDERED that Plaintiff's request to strike portions of Dr. Scott's reports is DENIED. It is further
ORDERED that Plaintiff's request that Defendants be precluded from using deposition testimony of Mr. Kohs regarding this material is GRANTED. It is further
ORDERED that by September 28, 2022, the parties shall file a joint letter state whether the parties would like a referral to the assigned Magistrate Judge for settlement discussions, or would prefer to retain their own private mediator. The parties shall wait to file motions for summary judgment until after settlement discussions have been concluded.