Elasticsearch, Inc. v. Floragunn GmBH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELASTICSEARCH, INC., et al., Case No. 19-cv-05553-YGR (AGT)

Plaintiffs,

ORDER REGARDING DEPOSITION

v. DISCOVERY DISPUTE

FLORAGUNN GMBH, Re: ECF Nos. 84, 93 Defendant.

12 Plaintiffs Elasticsearch, Inc. and Elasticsearch B.V. (collectively, “Elastic”) and defendant floragunn GmbH filed an updated joint discovery letter regarding their dispute about whether two foreign witnesses associated with floragunn, Mikael Gustavsson and Sergii Bondarenko, are floragunn’s managing agents such that they are subject to deposition by notice under Federal Rule of Civil Procedure 30(b)(1). ECF No. 84. floragunn argues that Gustavsson and Bondarenko are not managing agents but rather “freelance programmers” over whom floragunn has no control; Elastic disagrees, and asks the Court to order floragunn to make both witnesses available for deposition pursuant to Rule 30 and, if they do not appear, to impose sanctions. After reviewing the joint…