Elasticsearch, Inc. v. Floragunn GmBH
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ELASTICSEARCH, INC., et al., Case No. 19-cv-05553-YGR (AGT)
Plaintiffs,
ORDER DENYING MOTION TO
v. COMPEL
FLORAGUNN GMBH, Re: Dkt. Nos. 139, 147 Defendant.
11 In the parties’ penultimate discovery dispute in this matter, Elastic seeks an order compelling floragunn to produce a privileged document that Hendrik Saly (floragunn’s now- former Chief Technology Officer) helped create for this litigation in 2019. Dkts. 139, 147. Elastic premises its request on a theory that floragunn conveyed the contents of that document to its technical expert, Dr. Owen Astrachan, in violation of the parties’ Court-approved stipulation regarding Saly’s unavailability (Dkt. 76, the “Saly Stip”). Elastic also argues that floragunn has independent obligations under Rule 26(a)(2)(B) to disclose material that Dr. Astrachan relied on or considered in forming his expert opinions. 20 1 The parties’ final discovery dispute before the undersigned also concerns…