Chen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RICK CHEN, Case No. 23-cv-04458-TLT (AGT)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. No.

VESYNC CORPORATION,

Defendant.

This order resolves the parties’ discovery dispute at dkt. 49, in which Vesync seeks a court order to quash Plaintiff’s subpoena to non-party Dyson, Inc., and issue a protective order. The subpoena seeks documents related to third-party product testing submitted by Dyson to the National Advertising Division (NAD) of the Better Business Bureau, as part of a challenge filed against Vesync in 2023. Vesync contends that the test results are confidential, covered by the mediation privilege, and not relevant to Plaintiff’s claims. The Court denies Vesync’s request to quash the subpoena for the following reasons. Relevance and Burden Plaintiff’s original subpoena was included as an attachment to the parties’ joint letter. See Dkt. 49-1 (Attachment A), Ex. 2 at 42–46. Plaintiff “agreed to narrow the scope of the request to just the applicable test reports.” Dkt. 49 at 5. Accordingly, the Court will consider only the issue of the test results. Vesync also contends these…