Ward v. Cisco Systems, Inc. et al

Filing 138

ORDER granting in part and denying in part 101 Motion to Compel. Signed by Honorable Erin L. Setser on November 5, 2009. (cap)

Ward v. Cisco Systems, Inc. et al

Doc. 138

Case 4:08-cv-04022-JLH Document 138

Filed 11/05/09 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WARD, JR. v. CISCO SYSTEMS, INC. ORDER On November 4, 2009, the undersigned conducted a telephonic hearing on defendant's Motion to Compel (Doc. 101). For the Civil No. 08-4022 DEFENDANT PLAINTIFF

reasons stated on the record, the motion is GRANTED in part and DENIED in part as follows: * The parties agreed that three of the documents

identified on the privilege log ­ discussed on page 5 of the Motion to Compel ­ have been provided to the defendant. It

appears there may be one other document which has not been provided. The parties are directed to attempt to identify and If the

locate this document and confer regarding its production.

plaintiff refuses to produce the document on the grounds of privilege, the defendant may then file a motion to compel

production of the document.

If such a motion is filed, the

plaintiff, when he files his response, is directed to submit the document to the Court for in camera review. * As to Requests for Production Nos. 1-3, 8, and 18,

plaintiff shall produce a log identifying any documents (not already produced) he intends to rely on to support the issues

Dockets.Justia.com

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identified in the Requests.

Plaintiff shall also identify where If defendant

in the public domain these documents can be located.

believes any of these documents are in plaintiff's exclusive custody and control and cannot be obtained elsewhere, the parties are directed to confer in good faith as to the production of these documents. If the parties cannot agree on the production of these

documents, then the defendant may file another motion to compel. * As to Requests for Production Nos. 4-5, 9, 11, and 17,

plaintiff shall not be required to produce any tax returns or other documentation regarding his finances, as he is not seeking damages for lost income. Further, plaintiff shall not be required to produce any documents relating to new matters or clients since October 16, 2007. Plaintiff shall, however, be required to

identify any individuals who he claims allegedly learned of the statements at issue and thought less of plaintiff or decided not to hire plaintiff because of the statements. * As to Request for Production No. 10, defendant has been

provided the credit card statement reflecting the charge for the filing of the ESN complaint and there are no non-privileged communications regarding the charge. * As to Request for Production No. 12, plaintiff shall not

be required to produce a medical authorization for his medical records, as plaintiff concedes that he did not seek medical treatment for his alleged mental anguish. -2-

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*

As to Requests for Production Nos. 13 and 15, plaintiff

shall produce any documents in his custody or control relevant to this request (as it pertains to the physical filing of the complaint) for the time period of October 14 - 19, 2007. If

plaintiff claims that any of these documents are privileged, he shall identify them on a privilege log. In addition, if any

documents relevant to the request are not in plaintiff's custody or control, plaintiff shall produce a log identifying these documents. * As to Request for Production No. 14, plaintiff is

directed to provide all documents relating to any communications he had with the Court, its employees, or third-parties (other than his counsel or ESN) regarding the filing of the complaint or whether subject matter jurisdiction existed. If plaintiff claims

that any of these communications are privileged, he shall identify them on a privilege log. * As to Requests for Production Nos. 23 - 25, plaintiff is

directed to provide any videos, electronic copies, or documents responsive to this request through April 2008. For any such items

not in plaintiff's custody or control, plaintiff is directed to make a good faith effort to identify these items and where they can possibly be located and provide a log of such to defendant. * by As to Request for Production Nos. 26 and 26 (misnumbered plaintiff shall -3not be required to produce

defendant),

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documentation regarding any of his patent reform efforts, as this issue appears to have no relevance in this litigation. IT IS SO ORDERED this 5th day of November, 2009.

/s/ Erin L. Setser ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE

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