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V5 Techs. v. Switch, Ltd.

United States District Court for the District of Nevada

December 20, 2019, Decided; December 20, 2019, Filed

Case No.: 2:17-cv-02349-KJD-NJK

Opinion

ORDER

[Docket No. 126]

Pending before the Court is Defendant's motion to compel discovery related to fees and costs. Docket No. 126. Plaintiff filed a response in opposition. Docket No. 135. Defendant filed a reply. Docket No. 140.1 The motion is properly resolved without a hearing. See Local Rule 78-1. For the reasons discussed below, Defendant's motion to compel is hereby DENIED.

I. BACKGROUND

This case involves claims that Defendant engaged in anticompetitive conduct with respect to high-end colocation data centers within the Las Vegas area. See Compl. (Docket No. 1) at ¶ 3. Although some state law claims are also brought, at its heart this case involves claims that Defendant's alleged conduct violated Sections 1 and 2 of the Sherman Act by monopolizing, attempting to monopolize, and engaging in unlawful restraints of trade. See, e.g., id. at ¶¶ 147-171. In particular, Plaintiff alleges that Defendant unlawfully stifled competition in an effort to maintain its monopoly in high-end colocation data centers in the Las Vegas metropolitan area through a variety of means, including reliance on exclusive-dealings agreements, threats of [*3]  refusals to deal, predatory pricing, and a campaign of disparagement of Defendant's competitors (including Plaintiff). See id. at ¶¶ 44, 73; see also id. at ¶¶ 95-120 (providing product and geographic market definition).

The parties are now before the Court on a variety of discovery disputes regarding Defendant's attempts to probe into the attorneys' fees incurred by Plaintiff and the source of its funding to pursue this litigation.

II. STANDARDS

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2019 U.S. Dist. LEXIS 224482 *

V5 TECHNOLOGIES, Plaintiff(s), v. SWITCH, LTD., Defendant(s).

CORE TERMS

discovery, funding, attorney's fees, courts, retainer agreement, deposition, documents, questions, parties, speculation, expenses, argues, deposition testimony, prevailing, entity, request for production, motion to compel, defenses, agrees, bears