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- ilnd;;1:20-cv-04424_de102 RegisterActionDate "2020-09-16" @default.
- ilnd;;1:20-cv-04424_de102 RegisterActionDescriptionText "MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has filed an emergency motion to compel 84 and a supplement to its motion seeking additional relief 89 . Defendants have filed a response to the motion 92 , a response to plaintiff's supplement 93 , and a supplemental response to plaintiff's supplement 98 . Plaintiff's emergency motion is granted in part. Plaintiff sought three elements of relief in its motion (as supplemented). First, defendants initially produced the Wypetech/Diversey purchase agreement with each page of the 215 page agreement marked as "attorneys' eyes only" (AEO) and plaintiff seeks to have the agreement produced without any AEO designations. Defendants assert that their initial production designating the entire agreement as AEO was inadvertent and they represent that they have produced another far less redacted version of the agreement (only 9 of the 215 pages are designated as AEO) during the morning of 9/16/20. In light of defendants' representation that the limited portions of the agreement now designated as AEO contain highly sensitive commercial information regarding its top 10 material customers and top 10 material suppliers [98 at 1-2], the Court finds that this issue is resolved and it will order no further relief regarding the agreement at this time. Second, plaintiff seeks to have defendants produce the table constituting its answer to plaintiff's interrogatory no.1 in native format. Defendants have agreed to produce the requested data in native format but they had not done so as of the time plaintiff filed its reply on 9/15/20. Defendants are ordered to produced the requested data in native format by noon on 9/17/20 if they have not done so already. Third, plaintiff seeks an order requiring defendants to remove AEO designation from the customer names and number of Wypetech wipes purchased listed in its answer to plaintiff's interrogatory No. 1. Plaintiff asserts that it already knows the identity of almost all of Wypetech's customers. Plaintiff also asserts that plaintiff's counsel will need assistance from plaintiff's personnel to understand technical issues concerning the production of the disinfectant wipes at issue and that counsel's effectiveness will be impaired if plaintiff's personnel are required to leave the deposition during questioning concerning any information falling within the current AEO designations. Defendants do not dispute that plaintiff already knows the identify of almost all of Wypetech's customers. Instead, defendants assert that they are entitled to shield the identify of Wypetech's customers under an AEO designation because plaintiff is a "potential competitor" of Wypetech [92 at 9]. The Court is not persuaded, and it instead credits plaintiff's assertion that it is not trying to build a manufacturing operation so that it can sell wipes to Wypetech's customers but it is simply trying to replace the supply of Medline-branded disinfectant wipes that it lost as a consequence of the dispute that spawned this lawsuit. Thus, unlike plaintiff and Diversey, plaintiff and Wypetech are not competitors. Accordingly, the Court will order defendants to remove the AEO designations from its interrogatory responses relating to Wypetech customers and to treat these interrogatories responses as "confidential." Finally, the Court agrees with defendants that the parties did not exhaust their meet and confer efforts with respect to the subject matter of this motion prior to its filing. While this might ordinarily be a problem leading to the summary denial of the motion, the Court excuses plaintiff's non-compliance in this instance given the impending deposition of Pete Melchior and the tight time frame that the parties are operating under per the Court's orders. Mailed notice (cc, ) (Entered: 09/16/2020)" @default.
- ilnd;;1:20-cv-04424_de102 AdministrativeID "101" @default.
- ilnd;;1:20-cv-04424_de102 hasReferenceToOtherEntry ilnd;;1:20-cv-04424_de85 @default.
- ilnd;;1:20-cv-04424_de102 hasReferenceToOtherEntry ilnd;;1:20-cv-04424_de90 @default.
- ilnd;;1:20-cv-04424_de102 hasReferenceToOtherEntry ilnd;;1:20-cv-04424_de93 @default.
- ilnd;;1:20-cv-04424_de102 hasReferenceToOtherEntry ilnd;;1:20-cv-04424_de94 @default.
- ilnd;;1:20-cv-04424_de102 hasReferenceToOtherEntry ilnd;;1:20-cv-04424_de99 @default.