DTN, LLC v. Pioneer Hi-Bred International, Inc.

Filing 194

MEMORANDUM ORDER re discovery disputes and further amending the Scheduling Order as follows: Rebuttal Expert Reports due 10/31/2018; Reply Expert Reports due 11/9/2018; Close of Expert Discovery due 11/20/2018; Case Dispositive Motions due 11/26/2018; Pretrial Conference is set for 12/21/2018 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark. See Memorandum Order for further details. Signed by Judge Leonard P. Stark on 10/11/2018. (etg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

DTK,LLC,
Plaintiff,
Civil Action No. 18-384-LPS

V.

PIONEER HI-BRED INTERNATIONAL,
INC.,
Defendant.

MEMORANDUM ORDER

Having reviewed the parties' letters relating to their discovery disputes(D.L 172-174,
190, 192),IT IS HEREBY ORDERED that:

1.

Pioneer's objections to DTK's request for text messages amongst Pioneer

employees are SUSTAINED as DTK had notice ofPioneer's use oftext messages to conduct

business as early as July and the request is untimely.
2.

DTK must promptly designate witnesses in response to Pioneer's 30(b)(6) notice.

3.

Pioneer's request to compel depositions of Messrs. Dilworth and Holland on dates

earlier than October 23 and 24 and in different locations than offered is DENIED as Pioneer has

not shown that it exhausted less intrusive means of obtaining the same discovery from means
other than apex depositions.
4.

Pioneer's request to compel the deposition of Mr. Sznaider is GRANTED and

DTK may produce the witness at a time and location convenient for the witness shortly after he
returns jfrom his travels at the end of October, but Pioneer's request for reconsideration ofthe

Court's order that Pioneer pay DTN's costs and fees associated with the deposition that Pioneer
unilaterally canceled is DENIED.

5.

Pioneer's request to amend the Protective Order to prevent non-attorney party

representatives from accessing materials designated "Attorneys' Eyes Only" is DENIED because
DTN has no in-house counsel and DTN reasonably requires a party representative have access to

all materials produced in the litigation.
IT IS FURTHER ORDERED that by October 15, Pioneer send an email to its CSAs

and seed reps through the group emailbox set up for precisely such communications,

[e-mail], and ask them to promptly send in all oftheir personal emails and
text messages used to communicate with Collaboration Customers about canceling DTN
contracts, not paying DTN bills, or returning DTN weather stations during the relevant time
period, and that Pioneer shall provide rolling productions ofsuch emails and text messages to

DTN and complete its production no later than October 26. While the Court does not question
Pioneer's good faith in its initial proposal for the search of CSA email accoimts, since that search

produced only five responsive documents, and since the Court has already found that the CSAs'
communications with Collaboration Customers is highly relevant to the dispute, the Court will

order an alternative means of obtaining those communications. While the Court recognizes the

burden this process may have on Pioneer, the Court finds there is no other way to obtain those
communications. The parties are encouraged to agree on language for Pioneer's mass email to
prevent further disputes.

IT IS FURTHER ORDERED that the Scheduling Order as amended (D.I. 68,112)is

further AMENDED as follows:

1.

Rebuttal Expert Reports are due October 31,2018.

2.

Reply Expert Reports are due November 9,2018.

3.

Close ofExpert Discovery is November 20,2018.

4.

Case Dispositive Motions are due November 26,2018.

5.

The Pretrial Conference is December 21,2018 at 10:00 AM.

October 11, 2018
Wilmington, Delaware

HONORABLE LEONARD P. STARK
UNITED STATES DISTRICT COURT