Health Grades, Inc. v. MDX Medical, Inc.
Filing
96
ORDER: granting in part and denying in part 65 Motion to Compel. Health Grades shall make a supplemental discovery response on or before January 23, 2012, by Magistrate Judge Boyd N. Boland on 12/21/11.(bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00520-PAB-BNB
HEALTH GRADES, INC.,
Plaintiff,
v.
MDX MEDICAL, INC., d/b/a Vitals.com
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on MDx Medical, Inc.’s Motion to Compel Discovery [etc.] [Doc. #
65, filed 11/23/2011] (the “Motion to Compel”). I held a hearing on the Motion to Compel today
and made rulings on the record, which are incorporated here. For the reasons stated on the
record,
IT IS ORDERED
(1)
The Motion to Compel [Doc. # 65] is GRANTED IN PART and DENIED IN
PART as follows:1
• GRANTED with respect to Interrogatory 6;
• GRANTED to require Health Grades, in response to the production requests, to
certify that a good faith search for responsive documents has been completed and that all non-
1
The parties were able to resolve on their own a number of the issues initially raised in
the Motion to Compel. Their agreement is memorialized in an email exchange which is an
exhibit to the minutes of today’s hearing.
privileged responsive documents known to exist have been produced;2
• DENIED with respect to Interrogatories 2, 4, and 8;
• DENIED with respect to Production Request 7insofar as the MDx contends that
it requires the production of “[a]ll documents showing the prior art Health Grades website”; and
• DENIED insofar as it seeks an award of attorneys fees and costs in bringing the
motion.
(2)
Health Grades shall make a supplemental discovery response in full compliance
with the formalities of the Federal Rules of Civil Procedure and consistent with this Order on or
before January 23, 2012.
Dated December 21, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
2
MDx should supplement its responses to production requests to include the same
certification.
2
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