Plaintiff's motion for sanctions against defendant for failing to timely produce all of its source code and for violating a protective order was granted in part. "Instead of complying with the Court’s order, [defendant] decided to pick and choose which versions of its code to produce, and to make an arbitrary cut-off as to which of its code it deemed relevant for [plaintiff's] case. [Defendant] did so at its peril because it was specifically warned not to do so." In granting in part plaintiff's motion for sanctions, the court found that the proposed "blended billing rate of $630 -- the average billing rate of the . . . time keepers on this matter" was reasonable.
Brocade Communications Systems, Inc., et. al. v. A10 Networks, Inc., et. al., 5-10-cv-03428 (CAND September 6, 2011, Order) (Koh, J.)