Judge Chhabria accepted the proposed additional discovery of the plaintiffs:
ORDER. The plaintiffs’ proposal for additional discovery is adopted. If it becomes apparent during the course of briefing on the parties’ cross-motions for summary judgment that it would be unfair to Meta to preclude it from adding another expert to respond to the plaintiffs new rebuttal report, the issue can be addressed at that time or before trial.
Signed by Judge Vince Chhabria on 3/7/2025.
Plaintiffs’ discovery plan
I. Plaintiffs’ Requests
- Leave to Serve the Choffnes Rebuttal Report. Because the Sequestered Documents
contain new evidence related to Meta’s use of peer-to-peer networks and torrenting, and
because Meta’s own torrenting expert issued a 57-page rebuttal report on February 10 that
introduced a plethora of brand-new facts and evidence about Meta’s torrenting (including
interviews of Meta employees who were never deposed), Plaintiffs seek the Court’s leave
to serve the nine-page rebuttal report of Professor David Choffnes, attached as Exhibit A.
Plaintiffs provided Meta with Professor Choffnes’s rebuttal report on February 26, 2025. - One Rule 30(b)(6) Deposition. This single, seven-hour 30(b)(6) deposition of a corporate
representative of Meta’s choice will cover three specific topics brought to light by newly
discovered facts in the Sequestered Documents: (1) Meta’s 2023 and 2024 decisions to use LibGen and Anna’s Archive rather than purchase or license copyrighted works; (2) Meta’s uploading of data during the torrenting process; and (3) Meta’s initial Fall 2022 download of LibGen. - One Request for Production. This single RFP, attached as Exhibit B, seeks information
sufficient to show Meta’s configurations and billing records for the torrent clients it used,
which will indicate whether and how much data Meta uploaded during the torrenting
process. Because the Sequestered Documents show at least some data was “seeded”
(uploaded), Plaintiffs request documents showing which data was uploaded and how much
was shared. The extent of Meta’s uploading is critical to development of a full record on
these issues.
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