In re Accellion, Inc. Data Breach Litigation

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ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL ACCELLION TO PRODUCE DOCUMENTS
RELATING TO ACCELLION’S FINANCIAL CONDITION
Case No: 21-cv-01155-EJD
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
IN RE ACCELLION, INC. DATA BREACH
LITIGATION
Case No: 21-cv-01155-EJD
ORDER DENYING PLAINTIFFS’
MOTION TO COMPEL ACCELLION
TO PRODUCE DOCUMENTS
RELATING TO ACCELLION’S
FINANCIAL CONDITION
DKT. 423
Hon. Susan van Keulen
Case 5:21-cv-01155-EJD Document 424 Filed 06/24/26 Page 1 of 2

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ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL ACCELLION TO PRODUCE DOCUMENTS
RELATING TO ACCELLION’S FINANCIAL CONDITION
Case No: 21-cv-01155-EJD
The Court, having considered the Joint Statement Re: Plaintiffs’ Motion to Compel
Accellion to Produce Documents Relating to Accellion’s Financial Condition, DENIES Plaintiffs’
Motion as untimely. Civil L.R. 37-3. Both Parties acknowledge that they reached an impasse on
production of the subject documents over two years ago, in February of 2024. Compare Dkt. 423
at 4 (Plaintiffs) with id. at 7 (Defendant). The deadline to address that impasse was more than one
year ago, on March 20, 2025. Civil L.R. 37-3. Plaintiffs’ reasoning that they did not address the
impasse for more than two years because they thought there was an agreement to defer production
is not persuasive. 	Plaintiffs’ own excerpts from relevant correspondence demonstrates that any
such “agreement” was only one-sided. Id. at 4. None of Plaintiffs’ other arguments, including that
their unilateral deferral “served sound policy,” satisfy the requirement of Local Rule 37-3 that there
be good cause for an exception to the deadline to bring this motion.
SO ORDERED.
Dated: ___________________ 	________________________________
Susan van Keulen
United States Magistrate Judge
June 24, 2026
Case 5:21-cv-01155-EJD Document 424 Filed 06/24/26 Page 2 of 2