Crescent Point Energy Corp. v. Tachyus Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CRESCENT POINT ENERGY CORP., Case No. 20-cv-06850-MMC (AGT)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. Nos. 116, 117

TACHYUS CORPORATION,

Defendant.

Crescent Point seeks a court order that would compel Tachyus to produce documents responsive to seven of Crescent Point’s RFPs (Nos. 1, 4, 5, 8, 9, 10, and 11). Crescent Point served the disputed RFPs before Judge Chesney ruled on Tachyus’s mo- tion to dismiss the first amended complaint. Judge Chesney’s order on that motion substantially narrowed the scope of the case, see Dkt. 71, and the undersigned agrees with Tachyus that the disputed RFPs are not reasonably tailored to the remaining claims. As both sides recognize, the crux of the case now centers on whether Tachyus’s Backtesting phase (i.e., the phase during which Tachyus tried to adapt its software to Crescent Point’s business needs) was a success. Or more precisely, the central issue is whether the Backtesting phase demonstrated that Tachyus’s software could provide “feasible opportunities for financial upside for Crescent Point.” Dkt. 46, FAC ¶ 163; see also Dkt. 49-4 at 11 (relevant terms of the statement…