Gopher Media, LLC v. Spain
Gopher Media, LLC v. Spain
2020 WL 5748093 (S.D. Cal. 2020)
September 25, 2020
Crawford, Karen S., United States Magistrate Judge
Summary
Gopher Media LLC requested reconsideration of the Court's August 27, 2020 Order, which required Gopher Media's CEO, Ajay Thakore, to produce his electronic devices for forensic examination. The Court denied the Motion and ordered that plaintiff must produce any cell phones, laptops, tablets, and memory storage devices in use by Mr. Thakore from January 1, 2018 to the present for forensic examination within 5 business days.
Additional Decisions
GOPHER MEDIA, LLC (formerly known as Local Clicks) dba Doctor Multimedia, a Nevada Limited Liability Corporation, Plaintiff,
v.
PHILLIP SPAIN, an individual; STEPHEN MARINKOVICH, an individual, Defendants
v.
PHILLIP SPAIN, an individual; STEPHEN MARINKOVICH, an individual, Defendants
Case No.: 3:19-cv-02280-CAB-KSC
United States District Court, S.D. California
Signed September 25, 2020
Counsel
Anton N. Handal, Pamela C. Chalk, Murchison & Cumming, LLP, San Diego, CA, for Plaintiff.Harvey C. Berger, Sara Jayne Waller, Berger, Williams & Reynolds, LLP, San Diego, CA, for Defendants.
Crawford, Karen S., United States Magistrate Judge
ORDER DENYING PLAINTIFF'S EX PARTE MOTION FOR RECONSIDERATION [Doc. No. 42]
*1 Before the Court is plaintiff Gopher Media LLC's (“plaintiff” or “Gopher Media”) ex parte Motion for Reconsideration and/or Clarification of the Court's August 27, 2020 Order (the “Motion” or “Mot.”). Doc. No. 42. Defendants oppose the Motion (the “Opposition” or “Opp.”) Doc. No. 44. For the reasons set forth below, the Court DENIES the Motion.
On August 27, 2020, the Court issued an order resolving several disputes regarding the production of ESI in this Action (the “ESI Order”). Doc. No. 36. In the Motion, plaintiff objects to the provision in the ESI Order requiring Gopher Media's CEO, Ajay Thakore, to produce his electronic devices for forensic examination (see Doc. No. 36 at 8) and requests that the Court “delete” this portion of the ESI Order. Doc. No. 42 at 2. The Court declines to do so.
As noted, Mr. Thakore is the CEO of Gopher Media. He is clearly knowledgeable about the facts underlying plaintiff's allegations. As the Court referenced in its ESI Order, defendants have asserted various affirmative defenses relating to Mr. Thakore's actions on behalf of Gopher Media. Doc. No. 36 at 2, 7-8. The Court therefore determined in the exercise of its discretion that a forensic examination of Mr. Thakore's electronic devices was necessary to ensure a fair resolution of the issues. See, e.g., Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (recognizing the Court's “broad discretion” to “permit or deny discovery”); Amarel v. Connell, 102 F.3d 1494, 1515 (9th Cir. 1996) (“[A] district court is vested with ‘broad discretion to make discovery ... rulings conducive to the conduct of a fair and orderly trial.’ ”) (citation omitted). Plaintiff's Motion does not provide any reason to depart from that determination. Accordingly, plaintiff's Motion is DENIED.
ORDER
For the reasons set forth above, the Court hereby ORDERS as follows:
1. Plaintiff's Ex Parte Motion for Reconsideration [Doc. No. 42] is DENIED.
2. Plaintiff shall produce any cell phones, laptops, tablets, and memory storage devices in use by Gopher Media's CEO, Ajay Thakore, from January 1, 2018 to the present for forensic examination in accordance with the parties' Forensic Examination Protocol within 5 business days of the date of this Order.
IT IS SO ORDERED.