Opinion

Palantir Technologies Inc. v. Abramowitz

Court
District Court, N.D. California
Filed
Mar 5, 2021
Cited by
0 cases
Authority
More cited than 18.7%

The opinion

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3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

5 SAN JOSE DIVISION

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7 PALANTIR TECHNOLOGIES INC., Case No. 19-cv-06879-BLF

8 Plaintiff,

ORDER DENYING MOTION FOR

9 v. RELIEF FROM NONDISPOSITIVE

PRETRIAL ORDER OF MAGISTRATE

10 MARC L. ABRAMOWITZ, et al., JUDGE

11 Defendants.

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13 Before the Court is Defendants’ motion for relief from a non-dispositive pretrial order of

14 Magistrate Judge Nathanael M. Cousins, pursuant to Local Civil Rule 72-2. See Mot., ECF 150-5.

15 Defendants challenge Judge Cousins’s denial of their motion to compel further document

16 production in response to Defendants’ Requests for Production Nos. 12, 95, and 97-103. See id.

17 Defendants argue that Judge Cousins’s finding that Defendants had not established the relevance

18 and proportionality of their document requests was clearly erroneous and contrary to law. Mot. 1.

19 Plaintiff filed an opposition brief, but under Civil Local Rule 72-2, “[u]nless otherwise ordered by

20 the assigned District Judge, no response need be filed.” Civ. L.R. 72-2. The Court did not request

21 this opposition and did not consider it.

22 A magistrate judge’s non-dispositive pretrial order may be modified or set aside if it is

23 “clearly erroneous or is contrary to law.” Fed. R. Civ. P. 72(a). “[T]he magistrate’s factual

24 determinations are reviewed for clear error, and the magistrate’s legal conclusions are reviewed to

25 determine whether they are contrary to law.” Perry v. Schwarzenegger, 268 F.R.D. 344, 348 (N.D.

26 Cal. 2010). Having reviewed the briefing and underlying order, the Court finds no clear error and

27 that Judge Cousins’s legal conclusion was not contrary to law on the issue of relevance. Without a

1 Cousins’s finding on relevance is sufficient to deny this motion, the Court need not reach Judge

2 || Cousins’s decision on proportionality and Defendants arguments that he applied the wrong legal

3 standard.

4 After reviewing the submissions in front of both Judge Cousins and this Court, it does not

5 appear to this Court that Request No. 12 is accurately represented by Defendants. See Ex. 10,

6 || Requests for Production 5:11-17, ECF 151-11. The Court also does not read United States ex rel.

7 Brown v. Celgene Corp., No. CV 10-3165-GHK (SSX), 2014 WL 12588296 (C.D. Cal. Mar. 21,

8 2014) as broadly as Defendants. Celegene Corp. involved the unsealing of prior versions of a

9 || False Claims Act complaint, and the court found that the plaintiff-relator had not made the

10 || requisite particularized showing of good cause to maintain the document seal. Jd. The Court

11 declines to read Celegene Corp. as supporting Defendants’ argument that numerous categories of

12 || documents that are allegedly related to prior trade secrets disclosures are relevant and thus

5 13 discoverable. The Court certainly does not read Celegene Corp. as establishing that Judge

14 || Cousins’s relevance decision was clearly erroneous and contrary to law. Accordingly, the Court

3 15 DENIES Defendants’ motion for relief.

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= 17 IT IS SO ORDERED.

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19 || Dated: March 5, 2021 kom Lh han tn)

20 WA VEEN

BETH LABSON FREEMAN

21 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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