Opinion
No. C08-00019 JW (HRL).
December 22, 2009
ORDER (1) GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE RESPONSIVE LETTER; AND (2) CLARIFYING DECEMBER 16, 2009 ORDER [Re: Docket No. 349]
This court is in receipt of defendants' December 18, 2009 and plaintiffs' responsive letter of the same date re this court's December 16, 2009 "Order Granting In Part and Denying in Part Plaintiffs' Motion to Compel" (Docket No. 345). Having considered both letters, this court supplements and clarifies its December 16, 2009 order with respect to defendants' revenue spreadsheets as follows:
Plaintiffs' motion to compel the production of documents underlying defendants' revenue spreadsheets is denied. With respect to revenue allocation, it appears that underlying documents do not exist. (See, e.g., Kitchen Decl. ISO Defendants' Sur-Reply). Plaintiffs have not otherwise convincingly demonstrated that defendants failed to satisfy their reasonably construed discovery obligations.