Dispute Over Privilege Log Resolved By Joint CR 37(a)(2)(B) Submission

Recently, I posted about this case brought by Wacom Technology Corporation against Hanvon Corporation in a dispute involving electronic pen and tablet technology. Judge Bryan recently resolved a discovery dispute between the parties over the sufficiency of Wacom's privilege log. The decision is interesting for at least two reasons. First, it is an excellent example of how parties can resolve their discovery disputes amicably and without resort to expensive motions practice. In 2002, this district enacted revisions to Local Rule 37, including the addition of language to Rule 37(a)(2)(B) permitting a joint submission from the parties and expedited handling of the dispute. The text of that rule can be found by following this link. In this case, Wacom and Hanvon made their joint submission, and the next day, they had a decision from Judge Bryan. The whole process takes about week. The second reason this order is interesting is because it provides some background for those practicing in Judge Bryan's court as to how he may resolve a similar dispute in the future. I'm often frustrated at the lack of available case law covering discovery matters, especially cases from particular courts and particular Judges.
WacomOrderonRule37Submission.pdf