August 9th, 2007 by Benjamin Duranske
The Court in the Bragg case recently issued two Orders. One is available as a .pdf here, and the other is linked here (though the second link is broken as of posting). It appears by the title of the second Order (“Scheduling Order – Trial Pool December 17, 2007″) that a trial date has been assigned the week of December 17, 2007. Experience has taught me that these dates are rarely set in stone, and given where they are in the discovery process right now, this seems somewhat earlier than I would have expected, but it’s certainly possible that it will happen then.
The other Order consolidates Bragg’s motion for a preliminary injunction with the trial on the merits, and grants Linden Lab’s motion asking the Court hold $5,902.80 that Linden Lab says was in Bragg’s account when he was banned.
The parties also filed a second, joint FRCP 26(f) statement on July 20 (signed by both of them, this time). It appears to replace the one that Defendants filed on their own after negotiations broke down.
I only spotted two differences between the reports, noted below.
- This sentence was added to the “Preservation of Potentially Discoverable Material” section:
Defendants stated that while there was a general business practice of preservation of material, there may have been changes to the websites at issue. Electronic material (e.g. chat logs) are not maintained in perpetuity.
- The section entitled “Any Other Orders That Should Be Entered” (regarding how the parties plan to treat confidential information) has been overhauled. It now reads:
Defendants proposed that the parties enter into a stipulation and order governing confidentiality to protect the privacy of personal information of individuals (including third-party Second Life users) and confidential business, financial, or trade secret information that may be subject to disclosure or discovery. Defendants are not requesting a blanket confidentiality agreement
Plaintiff indicated his willingness to consider a confidentiality agreement to cover specific trade secrets and believes that any such information should be considered on a case-by-case basis. Plaintiff opposes a blanket confidentiality agreement and states that the scope of any proposed confidentiality agreement was unclear to Plaintiff. No such proposed confidentiality agreement has ever been provided to Plaintiff. Plaintiff indicated his willingness to consider a confidentiality agreement to cover specific trade secrets and believes that any such information should be considered on a case-by-case basis. It is Plaintiffs position that confidentiality is particularly inappropriate given that Defendants sought to obtain confidentiality through their arbitration clause, and that such clause was deemed unconscionable. Further, Defendants published portions of their Answer and Counterclaim on their website which Plaintiff believes are defamatory per se and, as such, any confidentiality of these proceedings would be inappropriate.
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