Proofpoint, Inc. v. Vade Secure, Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 PROOFPOINT, INC., et al., Case No. 19-cv-04238-MMC (RMI)

Plaintiffs,

ORDER ON MOTION FOR

v. ATTORNEYS’ FEES AND COSTS

VADE SECURE, INCORPORATED, et al., Re: Dkt. Nos. 287, 348 Defendants.

13 Now pending before the court is Plaintiffs’ sanctions motion (dkts. 287, 348) seeking attorneys’ fees and costs due to the failure by Vade Secure, Inc., and Vade SASU (collectively, “Vade”) to produce certain source code in discovery even months after the court entered orders granting Plaintiffs’ motion to compel that source code. Recently (see dkt. 334), the court imposed a tiered regime of coercive sanctions that were designed to either persuade Vade to comply with the court’s orders, or to endure contempt proceedings and possibly an adverse inference instruction. Vade appears to have complied (see dkts. 342, 343, 344). Plaintiffs now seek attorneys’ fees and costs in the amount of $106,428.60. See…