In a short oral order, Judge Chhabria instructed: “The parties should be prepared to discuss Meta’s inadvertent document sequestration at the February 27 hearing on Meta’s motion to dismiss.”
At least for the time being, this short order seems a victory for Meta. The plaintiffs were seeking a lot more: “(1) order Meta to produce the entirety of the 18,000 documents immediately under Federal Rule of Evidence 502(d) and the Court’s inherent authority; and (2) permit Plaintiffs to take discovery into the allegations in their newly amended complaint of Meta’s illegal piracy of tens of millions of copyrighted works using peer-to-peer networks now that Meta has unilaterally re-opened defensive fact discovery.”
That still might happen. But Judge Chhabria did not hold an immediate status conference. And he’s eager to not alter the schedule for summary judgment. So, a delay under February 27 seems to decrease the chance he will re-open discovery, provided that what Meta does produce from the tranche of 18,000 documents doesn’t turn up red flags of some sort.