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eBay Inc. v. Digital Point Solutions, Inc. et al

Reply Memorandum re MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof EBAY INC.S REPLY IN SUPPORT OF ITS MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION FROM DEFENDANTS TODD DUNNING AND DUNNING ENTERPRISE, INC.

18 Cited authorities

  1. U.S. v. Int'l Union of Petro. Indus. Wkrs

    870 F.2d 1450 (9th Cir. 1989)   Cited 385 times   1 Legal Analyses
    Holding that international union lacked legal control over documents in the possession of local unions because they were separate entities and the contract governing the union relationship did not expressly give the international the right to obtain the records of local unions upon demand

  2. A. Farber and Partners, Inc. v. Garber

    234 F.R.D. 186 (C.D. Cal. 2006)   Cited 78 times
    Finding plaintiff's need for financial documents outweighed defendant's privacy claim

  3. United States v. Boyce

    148 F. Supp. 2d 1069 (S.D. Cal. 2001)   Cited 77 times
    Holding that “it is improper for a party to raise a new argument in a reply brief” largely because the opposing party may be deprived of an opportunity to respond

  4. Henry v. Sneiders

    490 F.2d 315 (9th Cir. 1974)   Cited 163 times
    Holding that entry of default judgment in excess of the $71,243.68 sought in the complaint was appropriate because the complaint also sought additional damages "not yet fully determined"

  5. Ice Corp. v. Hamilton Sundstrand Corp.

    245 F.R.D. 513 (D. Kan. 2007)   Cited 57 times
    Finding a practical ability present when the defendants could "simply ask" or "employ their `right or ability to influence'" so as to gain documents

  6. In re Grand Jury Subpoena Duces Tecum

    1 F.3d 87 (2d Cir. 1993)   Cited 59 times
    Holding calendar prepared by grand jury target not protected by Fifth Amendment privilege

  7. In re Grand Jury Subpoena

    383 F.3d 905 (9th Cir. 2004)   Cited 35 times   3 Legal Analyses
    Holding that application of foregone conclusion exception was clear error

  8. In re Application of Hallmark Capital Corporation

    534 F. Supp. 2d 981 (D. Minn. 2008)   Cited 15 times

    Civil No. 07-MC-39 (JNE/SRN). January 29, 2008 Douglas L. Elsass, Fruth, Jamison Elsass, P.A., Minneapolis, MN, for Applicant. Steve W. Gaskins, Flynn, Gaskins Bennett LLP, Minneapolis, MN, for Michael Berman. ORDER SUSAN NELSON, Magistrate Judge This matter comes before the undersigned United States Magistrate Judge on the request of Applicant Hallmark Capital Corporation to compel Michael Berman to produce documents pursuant to this Court's Orders of June 1, 2007, and September 13, 2007, 534 F

  9. In re ATM Fee Antitrust Litigation

    233 F.R.D. 542 (N.D. Cal. 2005)   Cited 17 times

    Daniel O. Myers, Richardson, Patrick, Westbrook and Brickman, LLC, Mt. Pleasant, SC, Joseph R. Saveri, Jahan C. Sagafi, Leiff Cabraser Heimann & Bernstein LLP, Joshua P. Davis, University of San Francisco School of Law, San Francisco, CA, Andrew W. Hutton, Channel P. Townsley, Deborah Brown McIlhenny, Hutton & Hutton, LLC, Mark G. Ayesh, Ayesh Law Offices, Wichita, KS, Anthony J. Bolognese, Bolognese & Associates, LLC, Bart D. Cohen, Merrill G. Davidoff, Berger & Montague, P.C., Joel Cary Meredith

  10. PostX Corp. v. Secure Data in Motion, Inc.

    No. C 02-04483 SI (N.D. Cal. Nov. 20, 2004)   Cited 5 times
    Holding that unfair competition claim was not preempted by UTSA where the claim was “based on an alternative theory of liability as well as on new facts”

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,320 times   686 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 48,109 times   336 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,721 times   155 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

  14. Section 16403 - [Effective Until 1/1/2025] Books and records

    Cal. Corp. Code § 16403   Cited 69 times

    (a) A partnership shall keep its books and records, if any, in writing or in any other form capable of being converted into clearly legible tangible form, at its principal office. (b) A partnership shall provide partners and their agents and attorneys access to its books and records. It shall provide former partners and their agents and attorneys access to books and records pertaining to the period during which they were partners. The right of access provides the opportunity to inspect and copy books