Facebook, Inc. v. OnLineNic Inc

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FACEBOOK, INC., et al., Case No. 19-cv-07071-SI (AGT)

Plaintiffs,

DISCOVERY ORDER

v. Re: Dkt. No. 280 ONLINENIC INC, et al., Defendants.

Facebook and Instagram (collectively, “Facebook”) seek to compel Xiamen 35.com Internet Technology Co. (“35.CN”) to respond further to certain interrogatories, requests for production, and requests for admission. The Court takes the requests in turn and rules as follows. Interrogatories ROGs 2, 15, 16: 35.CN must amend its responses to identify the date, amount, and reason for all payments, since 2007, that 35.CN has received from OnlineNIC or made to OnlineNIC or to another person on OnlineNIC’s behalf. Payments dating back to 2007 are relevant to whether 35.CN and OnlineNIC are alter egos. Both companies were founded by Shaohui Gong, and there’s conflicting evidence about when, or if, Gong sold OnlineNIC. See Dkt. 281-5, Kroll Decl. ¶ 9 & Ex. 5. Payment records from 2007 will indicate how money flowed between 35.CN and OnlineNIC when Gong indisputably owned both companies, which may provide helpful context for understanding whether OnlineNIC and…