Party Discovery: Trace3, LLC v. Sycomp, A Technology Company, Inc., et al.

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                                AJIV DHARNIDHARKA (Cal. Bar No. 234756)
                           rajiv.dharnidharka@dlapiper.com
                           JEANETTE BARZELAY (Cal. Bar No. 261780)
                           jeanette.barzelay@us.dlapiper.com
                           MICAH A. CHAVIN (Cal. Bar No. 313634)
                           micah.chavin@dlapiper.com
                           DLA PIPER LLP (US)
                           2000 University Avenue
                           East Palo Alto, CA 94303-2214
                           Tel: 650.833.2000
                           Fax: 650.833.2001

                           Attorneys for Defendant
                           Sycomp A Technology Company, Inc.


                                            SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                                        COUNTY OF SANTA CLARA


                           TRACE3, LLC a California limited             CASE NO. 23CV415833
                           liability company,
                                                                       DEFENDANT SYCOMP A TECHNOLOGY
                                          Plaintiff,                   COMPANY INC.’S OPPOSITION TO
                                                                       TRACE3, LLC’S OMNIBUS MOTION TO
                                                                       FILE DOCUMENTS UNDER SEAL
                           SYCOMP A TECHNOLOGY                         Date: July 28, 2023
                           COMPANY, INC., a California                 Time: 9:00 a.m.
                           corporation; TIMOTHY CORDELL, an            Dept: 1
                           individual; LILIAN ELIAS, an individual;
                           GEOFF PETERSON, an individual;              Action Filed: May 12, 2023
                           DEVIN TOMCIK, an individual; and
                           DOES 1-10, inclusive;

                                          Defendants.




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                                                                 SYCOMP’S OPP. TO TRACE3 OMNIBUS MOTION TO SEAL
                          ACTIVE\1601450795.1
                                 On July 7, 2023, by stipulation and order, Trace3 filed and served its Motion to Modify

                          Temporary Restraining Order and Order Authorizing Expedited Discovery (“Mot. to Modify

                          TRO”) and thousands of pages of declarations and exhibits in support. That same day, Trace3

                          apparently also filed an Omnibus Motion to File Documents under Seal (“Omnibus Sealing

                          Motion”) and supporting papers, but Sycomp did not receive service copies of that motion. See

                          Declaration of Micah Chavin (“MC Decl.”) ¶¶ 2-4. It was only after Sycomp’s counsel reviewed

                          the Docket on July 17, 2023 in preparation for filing its Oppositions to Trace3’s Motion to Compel

                          and Motion to Modify TRO that Sycomp learned that Trace3 had, in fact, filed—but not served

                          the Omnibus Motion to Seal on July 7. Id.
                                  Sycomp promptly asked Trace3’s counsel when it would serve the Omnibus Motion to Seal

                          and confirmed it had not received copies. See MC Decl. Ex. 1. Notably, Sycomp did not take the

                          position that Trace3’s sealing motion should be denied due to any service issues. Instead, Sycomp

                          proposed a reasonable solution to resolve any inadvertent service and access issues, whereby

                          Sycomp would file its opposition to Trace3’s Omnibus Motion to Seal on the merits within one

                          week, by July 24, 2023. Despite Sycomp’s representations that it had not received copies of the

                          papers, Trace3’s counsel insisted that Sycomp had been served, accused Sycomp’s counsel of lying,

                          and offered only a one-day turnaround for Sycomp to oppose the Omnibus Motion to Seal on its

                          merits. Id.

                                 Sycomp thus opposes Trace3’s Omnibus Motion to Seal on the ground that Trace3 did not
                          timely serve it and Sycomp did not otherwise receive it, as reflected in the accompanying

                          declaration and the e-service records retained by counsel. If the Court wishes to hear the motion

                          on the merits, Sycomp is prepared to file an opposition on the merits within one week of any such

                          order by the Court. Sycomp respectfully asks that the Court either deny the Omnibus Motion to

                          Seal without prejudice or re-notice it to afford Sycomp adequate time to fully address and oppose

                          it. Given the extreme remedies sought by the motion, including that access to nearly all of the
                          sealed materials be restricted to Sycomp’s outside counsel only—which goes beyond the

                          protections negotiated and ordered in the June 5, 2023 Stipulated Protective Order, and would

                          unduly prejudice Sycomp’s ability to defend itself by prohibiting its counsel of record from
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                                                                                                 CASE NO. 23CV415833
                                                                    SYCOMP’S OPP. TO TRACE3 OMNIBUS MOTION TO SEAL
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                          discussing core facts and issues with its client—it is in the parties’ and the Court’s interest to hear

                          this motion on a complete record.

                           Dated: July 17, 2023                           DLA PIPER LLP (US)
                                                                          By /s/ Rajiv Dharnidharka
                                                                             RAJIV DHARNIDHARKA
                                                                             JEANETTE BARZELAY
                                                                             MICAH A. CHAVIN
                                                                             Attorneys for Defendant Sycomp A Technology
                                                                             Company Inc.




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                                                                        SYCOMP’S OPP. TO TRACE3 OMNIBUS MOTION TO SEAL
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