The Anschutz Corporation v. Merryll Lynch & Co., Inc. et al

Filing 285

ORDER ON FITCH'S MOTION TO COMPEL (SI, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THE ANSCHUTZ CORPORATION,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 09-03780 SI
ORDER ON FITCH’S MOTION TO
COMPEL

v.
MERRILL LYNCH & CO., et al.,
Defendants.

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Currently before the Court is defendant Fitch, Inc.’s motion to compel plaintiff to produce

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information from the files of its CEO Philip Anschutz in response to requests regarding documents

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concerning plaintiff’s understanding of: (1) ARS and CDOs; (2) understanding of and reliance on

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Fitch’s ratings; and (3) policies, practices, and procedures for investing in complex structured finance

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products such as ARS. Docket No. 274.

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Plaintiff disputes the need to search for these documents and contends it would suffer undue

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burden in searching because CEO Philip Anschutz had no role in TAC’s investment and purchase of any

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ARS products or any investment for TAC’s “working capital accounts” for which the investments at

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issue were bought. Id., at 4. However, in an “effort to put this issue to rest,” plaintiff has confirmed that

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Mr. Anschutz “has no responsive documents. Mr. Anschutz does not use a work computer and does not

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maintain electronic documents.” Docket No. 279 at 3.

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As such the Court DENIES Fitch’s motion as moot without prejudice. In order to avoid any

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lingering ambiguity, however, the Court ORDERS plaintiff to confirm within three days of this Order:

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(1) whether Mr. Anschutz’s administrative assistant handles Mr. Anschutz’s emails for him; if so, (2)

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whether Mr. Anschutz’s administrative assistant’s emails were searched for responsive records; and (3)

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whether any responsive records were found in those emails handled by the administrative assistant. See

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Docket No. 281 at 2 & n.2.

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IT IS SO ORDERED.

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Dated: October 25, 2011
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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