ViaTech Technologies Inc. v. Microsoft Corporation
Filing
203
MEMORANDUM ORDER ruling on a document production dispute (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 1/5/2017. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VIATECH TECH. INC.,
Plaintiff,
No. 14-cv-1226 (RGA)
v.
MICROSOFT CORP.,
Defendant.
MICROSOFT CORP.,
Movant,
No. 16-mc-232 (RGA)
V.
RANDOM PERSPECTIVES, LLC.,
Respondent.
MEMORANDUM ORDER
Defendant Microsoft is seeking documents from third party Random
Perspectives. Those documents are designated as documents 1 and 2 on the Random
Perspectives privilege log. Random Perspectives has claimed the attorney-client
privilege. Specifically, Random Perspectives asserts the documents contain
comments written by Jimmy Goo while acting as an attorney for Tom Meagher.
After a hearing on November 8th, I ordered the documents produced for in
camera review and then ordered them produced. (D.I. 21). 1 The documents as
submitted had, in fact, already been produced by the PlaintiffViaTech. (D.I. 24).
Random Perspectives requested further in camera review of copies of documents 1
and 2 containing purportedly privileged comments. (Id.). I granted further review
(D.I. 25), and ordered Random Perspectives to state whether document 2 had been
shared with anyone other than Mr. Goo and Mr. Meagher (D.I. 27). Random
Perspectives said no; only Mr. Goo accessed the notes physically and the comments
were verbally shared with only Mr. Meagher. (D.I. 28).
After review of the documents, I am ordering production of the document
designated as 1 and maintaining the claim of privilege as to document 2.
To support its claim of privilege, Random Perspectives relied on Mr. Goo's
deposition testimony. (D.I. 26 at 1). In that testimony, Mr. Goo stated he
represented Mr. Meagher from May 2013 until June or July 2013. (No. 14-cv-1226
D.I. 189-1 at 49). Comments on document 1 are dated April 2013. Because the
comments predate the attorney-client relationship, the claim of privilege is denied
and Random Perspectives is ordered to produce document 1 with comments, in the
version most recently produced for in camera review. Document 2, on the other
Docket citations are to case No. 16-mc-232 unless otherwise noted.
1
2
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hand, is dated during the representation and is of the type a patent attorney would
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prepare for a client. Thus, I am sustaining the claim of privilege on document 2.
IT IS SO ORDERED this
J- day of January 2017.
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