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 DENYING ELASTIC’S

v. MOTION FOR ISSUE SANCTIONS FLORAGUNN GMBH, Re: Dkt. No. 213 Defendant. REDACTED 12 In the parties’ final discovery dispute before the undersigned, Elastic seeks issue sanctions against floragunn based on floragunn’s alleged failure to produce its now-former Chief Technology Officer, Hendrik Saly, for deposition; its alleged misrepresentations regarding Saly’s unavailability; and its termination of Saly while this sanctions dispute was pending. Dkt. 213, “Mot.” According to Elastic, the evidence shows “a persistent campaign by floragunn to prevent Elastic from deposing Mr. Saly, despite a lack of evidence for Mr. Saly’s unavailability from January 28, 2021, to February 16, 2021, during the heart of the deposition period in this case.” Id. at 19. Elastic argues that “issue sanctions are the only appropriate remedy to cure…