Meyer v. Mittal
Meyer v. Mittal
2023 WL 2526115 (D. Or. 2023)
February 3, 2023

Hernandez, Marco A.,  United States District Judge

Protective Order
Failure to Produce
Cloud Computing
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Summary
The Court granted Plaintiffs' Motions re Status Quo in part and denied them in part, allowing Plaintiffs to access certain documents. The Court also granted Plaintiffs' motion for a protective order in part and denied Defendants' Motion for Protective Order. Finally, the Court granted Defendants' Motion to Compel in part, ordering Plaintiffs to answer certain interrogatories. The Court did not rule on any privilege issues or the admissibility of any evidence.
Additional Decisions
Jason MEYER, an individual; Argil DX LLC f/k/a ZAP Technology Solutions LLC, a Nevada limited liability company; and Argil DX, putative partnership, Plaintiffs,
v.
Ankur MITTAL, an individual; Axeno Consulting Pvt. Ltd. f/k/a Argildx Consulting Pvt. Ltd. f/k/a Accunity Software Pvt. Ltd., an Indian private company; and ADX Consulting Inc., a Texas corporation, Defendants
No. 3:21-cv-00621-HZ
United States District Court, D. Oregon
Signed February 03, 2023

Counsel

Heather E. Harriman, Katharine S. Shepherd, Adam D. Rose, Rose Law Firm, Lake Oswego, OR, Eric Charles Lang, Pro Hac Vice, The Lang Legal Group LLC, Atlanta, GA, for Plaintiffs.
Nicholas F. Aldrich, Jr., Sara C. Cotton, Mario Edward Delegato, Schwabe, Williamson & Wyatt, Portland, OR, for Defendants.
Hernandez, Marco A., United States District Judge

ORDER

*1 This matter came before the Court on the following motions: (1) Defendants’ Motion to Compel, ECF 83; (2) Defendants’ Motion for Protective Order, ECF 84; and (3) Plaintiffs’ Motions re Status Quo, ECF 92 (the “Motions”). The Court has read the parties’ submissions, and held a telephonic hearing on December 28, 2022.
The Motions each relate, in varying degrees, to certain email backup files produced by Plaintiffs to Defendants on November 11, 2022, Bates stamped ZAP_04_00003831 through ZAP_04_04271400, ten of which were separately produced as ZAP_01_002413, ZAP_01_002416, ZAP_01_002427, ZAP_01_002449, ZAP_01_002488, ZAP_01_002507, ZAP_01_002535, ZAP_01_002540, ZAP_01_002542, and ZAP_01_002557 (collectively, the “Disputed Emails”), and this Court's previous Order to maintain the status quo, ECF 81. That Order prevents Plaintiffs and their counsel from viewing the Disputed Emails.
Consistent with the reasons previously stated on the record, the Court rules as follows on each motion:
1. Plaintiffs’ Motions re Status Quo, which contain several alternative motions, are granted in part and denied in part as follows:
a. The motion to lift the Status Quo Order entirely is denied. Except as provided in this Order, Plaintiffs shall not access the Disputed Emails.
b. This Order will operate prospectively as an order under 18 U.S.C. § 2707(e).
c. Plaintiffs may access, read, review, and reference any of the following documents, subject to Fed. R. Civ. P. 26(b)(5)(B), regardless of whether such documents may also be found in the Disputed Emails:
i. Any document produced by any Plaintiff to any Defendant prior to November 11, 2022;
ii. Any document produced by any Defendant to any Plaintiff;
iii. Any document attached to any captioned item (including pleadings, motions, briefs, declarations, discovery requests, and discovery responses) or any communication to the Court in this action, other than documents attached to the Declaration of David Aldred (ECFs 108, 109, 115, and 116); and
iv. Any document on which Jason Meyer is the author, direct recipient, copied recipient, or blind copied recipient which is in Mr. Jason Meyer's email box.
d. Defendants shall search the Disputed Emails for documents requested by means of discovery served upon any Defendant by any Plaintiff in this action.
e. Defendants shall separately produce to Plaintiffs copies of all emails and their attachments from the Disputed Emails for which Plaintiff Meyer was a recipient (to, cc, bcc) or sender.
f. The parties shall meet and confer regarding any other Disputed Emails that Plaintiffs allege to have quoted or used in this action, and for which they seek production.
2. Plaintiffs’ motion for a protective order is granted in part as follows: Plaintiffs shall answer discovery requests unless they cannot answer a particular question or request because they need access to the Disputed Emails, in which case they shall so state. The motion is otherwise denied.
3. Defendants’ Motion to Compel is denied in part as moot with respect to answers already provided and granted in part as follows:
*2 a. With respect to Defendants’ Interrogatory Nos. 11 and 14 sent to Plaintiffs, and in particular (i) the “identity of all individuals or entities involved in the intrusion, including who directed such efforts,” and (ii) “each use You made of any information learned from Your review of emails from the Indian Defendants’ argildx.com email accounts,” Plaintiffs shall answer such interrogatories to the extent not protected by privilege (for example, if persons other than counsel were involved in directing efforts concerning the Disputed Emails), or, if privilege is claimed, Plaintiffs shall clearly state the objection based upon privilege.
b. The parties are to meet and confer regarding responses to Interrogatory Nos. 11 and 14 to the extent that the issues identified in the hearing on December 28, 2022, have not been resolved by the parties as of the date of this Order.
4. Defendants’ Motion for Protective Order is denied.
5. Nothing in this order shall constitute a ruling on any of the privilege issues claimed by the parties, the merits of other pending motions, or the admissibility of any evidence.
CONCLUSION
Defendants’ Motion to Compel [83] is GRANTED IN PART and DENIED IN PART AS MOOT. Defendants’ Motion for Protective Order [84] is DENIED. Plaintiffs’ Motions re Status Quo [92] are GRANTED IN PART and DENIED IN PART.
IT IS SO ORDERED.