Cvent Inc v. RainFocus et alMOTION to Expedite Motion to Enforce ComplianceD. UtahMarch 14, 2019100765064.1 0065082-00001 Marc T. Rasich (9279) marc.rasich@stoel.com Michael R. Menssen (15424) michael.menssen@stoel.com STOEL RIVES LLP 201 S Main Street, Suite 1100 Salt Lake City, UT 84111 Telephone: 801.328.3131 Taryn K. Williams (pro hac vice) taryn.williams@stoel.com STOEL RIVES LLP 760 SW Ninth Avenue, Suite 3000 Portland, OR 97205 Telephone: 503.224.3380 Sarah H. Arnett (pro hac vice) sarah.arnett@stoel.com Elijah M. Watkins (pro hac vice) elijah.watkins@stoel.com STOEL RIVES LLP 101 S. Capitol Blvd, Suite 1900 Boise, ID 83702 Telephone: 208.389.9000 Attorneys for Plaintiff Cvent, Inc. IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION CVENT, INC., Plaintiff, v. RAINFOCUS, INC. et. al, Defendants. EXPEDITED MOTION TO ENFORCE COMPLIANCE WITH COURT’S APRIL 11, 2018 ORDER OR, IN THE ALTERNATIVE, FOR EVIDENTIARY SANCTIONS Case No. 2:17-cv-00230-RJS-DBP Judge Robert J. Shelby Magistrate Judge Dustin B. Pead Case 2:17-cv-00230-RJS-DBP Document 198 Filed 03/14/19 Page 1 of 4 100765064.1 0065082-00001 2 Twice now Cvent has been forced to seek the Court’s assistance to obtain access to RainFocus’ source code and development documentation. This evidence is crucial to Cvent’s copyright infringement and trade secret misappropriation claims, yet RainFocus refuses to comply with this Court’s April 11, 2018 Discovery Order requiring production. In March 2018, Cvent moved to compel when RainFocus refused to produce software development documents, source code and tools regarding its large event management software platform. Dkt. 155. Cvent needed to access that information then, and still does, because, as Cvent alleged and demonstrated in previous filings, former Cvent employees stole elements of Cvent’s technology and business secrets and provided them to RainFocus for use in developing competing products and offerings. This Court rejected RainFocus’ relevance and proportionality objections. Dkt. 161. The Court ordered RainFocus to provide the requested access. Id. RainFocus initially allowed sporadic access to its source code. But, on November 9, 2018, RainFocus refused further access. Cvent’s experts still need access to RainFocus’ source code. RainFocus’ reasons for denying access have changed over the last 4 months, but all lack merit. The current claim is that the review is a “fishing expedition” (Pedersen Decl., ¶ 8). This is no fishing expedition. This Court has already rejected this objection. Cvent’s experts already have uncovered several copied and substantially similar elements and indications of numerous others. (Roman Decl. ¶ 14.) They require time to complete their investigation and documentation of copyright infringement and trade secret misappropriation. (Id.) Given the May 3 fact discovery cut-off and May 17 deadline for initial expert reports, every day RainFocus delays prejudices Cvent’s ability to investigate and present its case. Case 2:17-cv-00230-RJS-DBP Document 198 Filed 03/14/19 Page 2 of 4 100765064.1 0065082-00001 3 Nothing in Cvent’s needed access is unusual for a case of this significance. Indeed, Cvent’s experts have never had a court or opposing counsel attempt to limit the number of source code review hours. (Roman Decl. ¶¶ 7-14, 21.) RainFocus’ evolving objections lack merit and its delays continue to cause Cvent prejudice. RainFocus should be compelled to provide access to its source code consistent with the Court’s April 11 Order through the end of expert discovery. Alternatively, pursuant to Rule 37(d), an order should be entered establishing as an evidentiary fact RainFocus’ source code contains substantial copying of protectable elements of Cvent’s copyrighted source code and includes misappropriated trade secrets belonging to Cvent. DATED: March 14, 2019. STOEL RIVES LLP /s/ Marc T. Rasich Marc T. Rasich Attorneys for Plaintiff Cvent, Inc. CERTIFICATION Cvent certifies that counsel for the parties made reasonable efforts to resolve their dispute by exchanging multiple letters and emails and participating in several telephone calls, including a meet and confer call on Thursday, March 14, 2019. Pederson Decl. ¶¶ 3-13. Case 2:17-cv-00230-RJS-DBP Document 198 Filed 03/14/19 Page 3 of 4 100765064.1 0065082-00001 4 CERTIFICATE OF SERVICE I hereby certify that on March 14, 2019, a full and correct copy of the foregoing EXPEDITED MOTION TO ENFORCE COMPLIANCE WITH COURT’S APRIL 11, 2018 ORDER OR, IN THE ALTERNATIVE, FOR EVIDENTIARY SANCTIONS was served upon the following via electronic filing: R. Shawn Gunnarson James T. Burton Michael A. Eixenberger Brian D. Tucker Brinton M Wilkins Cameron M. Hancock KIRTON McCONKIE 50 E. South Temple P.O. Box 45120 Salt Lake City, Utah 84145-0120 sgunnarson@kmclaw.com jburton@kmclaw.com meixenberger@kmclaw.com btucker@kmclaw.com bwilkins@kmclaw.com chancock@kmclaw.com /s/ Ann-Marie Liddell Case 2:17-cv-00230-RJS-DBP Document 198 Filed 03/14/19 Page 4 of 4
