Neo4j, Inc. v. Graph Foundation, Inc.

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 NEO4J, INC., Case No. 19-cv-06226-EJD (SVK)

6 Plaintiff,

ORDER ON JOINT DISCOVERY

7 v. LETTER BRIEFS

8 GRAPH FOUNDATION, INC., Re: Dkt. Nos. 50, 51 9 Defendant.

10 On June 25, 2020, the Court held a telephonic hearing on the parties’ joint discovery letter 11 briefs concerning Plaintiff Neo4j, Inc.’s (“Neo4j”) requests to compel Defendant Graph 12 Foundation, Inc. (“GFI”) to provide further responses to requests for production and 13 interrogatories. Dkt. 50, 51. For the reasons discussed at the hearing, the Court ORDERS as 14 follows: 15 REQUESTS FOR PRODUCTION 16 1. Because Neo4j has not demonstrated that the party from whom documents are requested, GFI, has control—i.e., the legal right to obtain the documents upon 17 demand; see In re Citric Acid Litig., 191 F.3d 1090, 1107 (9th Cir. 1999)—of 18 responsive documents in the possession of third parties AtomRain or GraphGrid, 19 Neo4j’s request to compel GTI to search…