Alta Partners, LLC v. Suncar Technology Group, Inc.

Background

Alta Partners, LLC and SunCar Technology Group, Inc. submitted a joint letter requesting a pre-motion conference concerning discovery. SunCar had a pending motion under Rule 12(c), which asks the court to decide a case based on the pleadings, concerning Count I. That claim involved whether SunCar’s Form F-4 registration statement registered the shares underlying SunCar’s public warrants.

SunCar asked the court to stay discovery until it ruled on the pending motion. Alternatively, SunCar requested an extension of the fact-discovery deadline until March 17, 2025. SunCar argued that much of Alta’s requested discovery concerned Count I and might become unnecessary if that count were dismissed. SunCar also argued that a ruling on the motion would clarify the scope of relevant discovery and avoid burdens associated with scheduling depositions of senior executives.

Alta opposed a stay. Alta argued that discovery was already substantially complete and that the remaining work primarily involved depositions and a small number of unresolved document requests. Alta did not oppose an extension until December 31, 2024, but opposed the requested three-month extension. Alta also asked the court to compel SunCar to produce documents concerning SunCar’s efforts to file a Form F-1 and documents concerning whether the Form F-4 prospectus remained current.

Court’s Action

The court stated: “Application granted.” It granted the parties’ request for a pre-motion discovery conference, identified as Docket No. 53, and ordered a telephone conference for November 26, 2024, at 4:00 p.m. The court directed the parties to follow its Individual Rules of Practice in Civil Cases, including Rule 2(C), and directed the Clerk of Court to terminate the motion pending at Docket No. 53.

The order did not rule on SunCar’s requested stay of discovery, its alternative request for an extension until March 17, 2025, or Alta’s request to compel additional discovery.