Franklin Fueling Systems, Inc. v. Veeder Root Company

Filing 96

ORDER signed by Magistrate Judge John F. Moulds on 6/8/10 DENYING 65 Motion to Compel; and it appears to the court that the positions of both parties were substantially justified and no award of expenses will be made. (Carlos, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ///// ///// ///// ///// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRANKLIN FUELING SYSTEMS, INC., Plaintiff, vs. VEEDER-ROOT COMPANY, Defendant. / ORDER No. 2:09-cv-0580 FCD JFM

Plaintiff's motion to compel came on regularly for hearing June 3, 2010. Seth Hilton appeared for plaintiff. Bryan Wilson, appearing telephonically and pro hac vice, and Bradley Benbrook appeared for defendant Veeder-Root Company. Upon review of the motion and the joint statement re discovery disagreement, upon hearing the arguments of counsel and good cause appearing therefor, the court finds that the defendant has met its burden in showing that the document at issue was appropriately designated as "Attorneys' Eyes Only." Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's May 6, 2010 motion is denied;

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/014; franklin.mtc2

2. It appears to the court that the positions of both parties were substantially justified and no award of expenses will be made. DATED: June 8, 2010 .

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