Touchtunes Music Corp. v. Rowe International Corp., 1:07-cv-11450

1:07-cv-11450 | S.D.N.Y. | Feb 4, 2010

Case 1:07-cv-11450-RWS Document 109 Filed 02/04/10 Page 1 of 2

UNLTED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TOUCHTUNES MUSIC CORP., No. 07 Civ. 11450 (RWS)

n ORDER REOARDMG dj Plaintiff, [-ED] NON-PARTY DISCOVERY against ROWE INTERNATIONAL CORP., -1 ARACHNID, INC., AM1 ENTERTAINMENT,, INC. and MERIT INDUSTRIES, WC. d/b/a MERIT ENTERTAINMENT,

ELECTRONICAI,tY FILED AIWCHNID, MC., Counterclaim Plaintiff, against TOUCHTUNES MUSIC CORP., Counterclaim Defendant. As set forth in open court on January 20, 2010, non-parly Google Inc. ("Google") shall make a supplemental production (the "Supplemental Production") to DefendantICounterclrum Plaintiff Arachnid, Inc. ("Arachnid"). Google shall usc reasonable efforts to complctc this production by February 10,2010. In the event that Google cannot complete the Supplemental Production by February 10,2010 notwithstanding the exmcise of its reasonable efforts, Google shall so advise A r a h d .

As set forth in open court on January 20,2010, the scope of the Supplemental Production shall be limitcd to documents concerning those DFP features and functionalities actually used by PlaintifUCounterolaim Defendant TouchTunes Music Corp. ("TouchTunes"), as set forth in

Case 1:07-cv-11450-RWS Document 109 Filed 02/04/10 Page 2 of 2 Response No. 35 of TouchTunes's Objections and Responscs to Aracluljd's Second Set of Interrogatories, dated December 14,2009.

In addition to the limitation set forth in the preceding paragraph, Google's production obligation in connection with the Supplemental Production shall be further limited to production of the following typcs of documents only:

Documents describing how to use or interface with Google's DART and DFP products. Documents describing con~munications with Google's DART and DFP products, including message formats, tag creation, and other information necessary to understand the information being passed between TouchTunes and Google. Documents describing how Google processes information in its DART and DPP products to create any subsequent information for transfer to a user, such as TouchTunes.

Google shall not be required to produce computer code of any sort in counection with the Supplemental Production. TouchTunes shall certify its Objections and Responses to Arachnid's Second Set of Interrogatories, dated December 14,2009.

K

IS SO ORDERED. Ncw York, NY;