StorageCraft Tech. Corp. v. StorageCraft UK
StorageCraft Tech. Corp. v. StorageCraft UK
2014 WL 11429322 (D. Utah 2014)
August 6, 2014

Furse, Evelyn J.,  United States Magistrate Judge

30(b)(6) corporate designee
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Summary
The Court granted StorageCraft Technology Corporation's Ex Parte Motion for Order Compelling Examination of a Corporate Representative of SOTEC Software AG and Production of Documents by SOTEC Software AG. This included the production of documents, including ESI, related to the topics of the deposition. Failure to comply with the Court's Order may result in discovery sanctions.
StorageCraft Technology Corporation, Plaintiff,
v.
StorageCraft UK, StorageCraft Deutschland GmbH, SOTEC Software AG, StorageCraft Italia S.R.L., Storagecraft Espana SL, StorageCraft Europe AG, Muntor GmbH, Dominik Zingg, Richard Zinner and John / Jane Does 1-X, Defendants
Civil No. 2:13-cv-01005
United States District Court, D. Utah
Signed August 06, 2014

Counsel

Prepared and Submitted by: Bryon J. Benevento (5254), Kimberly Neville (9067), Jeffrey M. Armington (14050), Dorsey & Whitney LLP, Kearns Building, 136 South Main Street, Suite 1000, Salt Lake City, UT 84101-1685, Telephone: (801) 933-7360 Attorneys for Plaintiff StorageCraft Technology Corporation
Furse, Evelyn J., United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ORDER COMPELLING EXAMINATION OF A CORPORATE REPRESENTATIVE OF SOTEC SOFTWARE AG AND PRODUCTION OF DOCUMENTS BY SOTEC SOFTWARE AG

*1 The matter is before the Court on the Plaintiff's Ex Parte Motion for Order Compelling Examination of a Corporate Representative of SOTEC Software AG and Production of Documents by SOTEC Software AG (the “Motion”). The Court has considered the Motion, the other pleadings in this case, its prior Orders, and applicable law, and based thereon and for good cause shown, \IT IS HEREBY ORDERED that:
(1) StorageCraft Technology Corporation's Motion is GRANTED;
(2) Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Defendant SOTEC Software AG is ORDERED to produce a corporate representative for deposition in the canton of Vaud, Switzerland, at a location determined by StorageCraft Technology Corporation's counsel on a date determined by StorageCraft Technology Corporation's counsel, which date shall be no earlier than fourteen (14) days and no later than thirty (30) days following service of this Order on Defendant SOTEC Software AG. Pursuant to Rule 30(b)(6), SOTEC Software AG is further ORDERED to present its designated corporate representative to testify, under oath, on the following topics:
a) Any and all communications between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and any third party relating to StorageCraft's Customer Lists[1], Price Schedules[2], or other Confidential Information.[3]
b) SOTEC Software AG's business relationship with NetJapan[4], including any contracts, agreements, or compensation arrangements pertaining to the same.
c) Any and all communications between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and NetJapan.
d) Any and all communications by SOTEC Software AG (or any of its current or former owners, employees, agents, or representatives) with persons or entities identified on the Customer Lists, which communications occurred subsequent to December 6, 2013.
e) SOTEC Software AG's (and any of its current or former owners, employees, agents, or representatives) compliance with, or violation of, the Master Distributor Agreement, including without limitation Sections 8.9 (Limitation on Competition with StorageCraft or the Software), 10.2 (Protection of Intellectual Property Rights), and 15.2 (Confidentiality).
f) SOTEC Software AG's (and any of its current or former owners, employees, agents, or representatives) business relationship with Defendant Muntor GmbH.
g) SOTEC Software AG's business and operations and the employment or business interests of SOTEC Software AG's current or former owners, employees, agents, or representatives subsequent to December 6, 2013.
(3) SOTEC Software AG is further ORDERED to produce, and to bring copies of the following documents to the deposition:
a) All documents, including all electronically-stored information, that refers to, reflects, or relates in any way to SOTEC Software AG's business relationship with NetJapan.
b) Any and all contracts, agreements, or compensation agreements between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and NetJapan.
*2 c) All correspondence or communications, including all electronically-stored correspondence or communications, between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and any third party relating to the Customer Lists.
d) All correspondence or communications, including all electronically-stored correspondence or communications, between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and any third party relating to the Price Schedules.
e) All correspondence or communications, including all electronically-stored correspondence or communications, between SOTEC Software AG (or any of its owners, employees, agents, or representatives) and any third party relating to the StorageCraft's Confidential Information.
f) All correspondence or communications, including all electronically-stored correspondence or communications, between SOTEC Software AG (or any of its owners, employees, agents, or representatives) with persons or entities identified on the Customer Lists, which communications occurred subsequent to December 6, 2013.
g) All documents, including all electronically-stored information, that refers to, reflects, or relates in any way to SOTEC Software AG's (and any of its current or former owners, employees, agents, or representatives) compliance with, or violation of, the Master Distributor Agreement, including without limitation Sections 8.9 (Limitation on Competition with StorageCraft or the Software), 10.2 (Protection of Intellectual Property Rights), and 15.2 (Confidentiality).
h) All documents, including all electronically-stored information, that refers to, reflects, or relates in any way to SOTEC Software AG's (and any of its current or former owners, employees, agents, or representatives) business relationship with Defendant Muntor GmbH.
i) All documents, including all electronically-stored information, that refers to, reflects, or relates in any way to SOTEC Software AG's business and operations and the employment or business interests of SOTEC Software AG's current or former owners, employees, agents, or representatives subsequent to December 6, 2013.
(4) Pursuant to Rule 37 of the Federal Rules of Civil Procedure, SOTEC Software AG is further advised that failure to honor the Court's Order may result in the issuance discovery sanctions, including but not necessarily limited to the imposition of a default judgment and entry of an injunction as requested by StorageCraft Technology Corporation's Amended Complaint.

Footnotes

The term “Customer Lists” means all lists of distributors, resellers, managed service providers, and end users of StorageCraft products, as maintained by SOTEC during the course of its relationship with StorageCraft.
The term “Price Schedules” means the schedules of prices for various StorageCraft products and services as it is used in paragraph 15.12 of the Master Distributor Agreement.
The term “Confidential Information” means “Confidential Information” as it is defined in paragraph 15.12 of the Master Distributor Agreement.
The term “NetJapan” means NetJapan, Inc. together with its officers, directors, representatives, employees, agents, managers, members, shareholders, affiliates, parents, and subsidiaries, including without limitation Guan Chen Jiang, Junji Yamazaki, Eric Simmons, and NetJapan's affiliates and subsidiaries organized, headquartered, or operating in Switzerland or the European Union.