STRATEGIC MANAGEMENT HARMONY, LLC et al v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC. et al

Filing 301

ORDER ON PLAINTIFFS' MOTION TO COMPEL AND MOTION TO STRIKE - 285 Motion to Compel is GRANTED in part and DENIED in part. 294 Motion to Strike is DENIED. See Order for particulars. Signed by Magistrate Judge William G. Hussmann, Jr on 8/20/2009. (LBT)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION SUSAN HINDS, individually, and as CEO of Strategic Management Harmony, LLC, and BFC SOLUTIONS, INC., Plaintiffs, v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC., GRANT THORNTON, LLP, PRICEWATERHOUSE COOPERS, LLP, AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, MICROSOFT, INC., MIKE STARR, as managing partner of Grant Thornton, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., JOHN O'CONNER, as Chairman of Services of Priceswaterhouse Coopers, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., ALAN ANDERSON, as Senior Vice President of Member Services of American Institute of Certified Public Accountants and as a founding partner of Enhanced Business Reporting Consortium, Inc., and BOB LAUX, as Director of Financial Reporting for Microsoft, Inc., and as a founding partner of Enhanced Business Reporting Consortium, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4:05-cv-180-DFH-WGH ORDER ON PLAINTIFFS' MOTION TO COMPEL AND MOTION TO STRIKE This matter is before the Honorable William G. Hussmann, Jr., United, States Magistrate Judge, upon Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents or, the Alternative, for an In Camera Inspection of Documents, Sanctions filed July 8, 2009. (Docket No. 285). Defendant Grant Thornton LLP filed a Memorandum of Law in opposition to the motion on July 23, 2009. (Docket No. 288). Plaintiff filed a Motion to Strike defendant's Memorandum of Law on August 3, 2009. (Docket No. 294). The Magistrate Judge, being duly advised, now GRANTS, in part, and DENIES, in part, the Motion to Compel and DENIES the Motion to Strike for the following reasons: 1. As to the Motion to Compel further answers to Interrogatories, the Magistrate Judge has reviewed the Interrogatories and finds the Defendant's objections to be well-taken. The Interrogatories, as framed by the plaintiff, are vague, over broad, and unduly burdensome. Virtually all of the Interrogatories are vague, and most of them request information with respect to many subparts found within the interrogatory. The requirement to answer all of the subparts sought would make the number of interrogatories far exceed federal and local rules with respect to the number of Interrogatories. Because the Interrogatories are vague, over broad, and unduly burdensome, that portion of the Motion to Compel is denied. 2. With respect to the defendant's responses to plaintiff's First Request for Production of Documents, defendant's objections are sustained, with the following exceptions: (a) Request for Production No. 14: Defendant's relevancy objection is overruled, in part, and defendant shall provide the salary -2- history, offer letters, fringe benefit packages, economic and noneconomic benefits, and written contracts for any employment of Mike Starr, Mike Krzuz, Paul Herring, and Greg Pitzer. (b) (c) Request for Production No. 15: Defendant's relevancy objection is overruled, and defendant shall respond to this Request. Request for Production No. 20: Defendant's relevancy objection is overruled, and defendant shall provide any and all documents that relate to lawsuits, complaints, or charges of discrimination because of gender or violations of the Equal Pay Act which have occurred within three years of the date of the filing of this lawsuit. Request for Production No. 23: Defendant's relevancy objection is overruled, and those items shall be produced. Request for Production No. 24: Defendant's relevancy objection is overruled, and the requested documentation shall be provided for a period of time three years prior to the date of the filing of this lawsuit. Request for Production No. 34: Defendant's relevancy objection is overruled, and the personnel files of Mike Starr, Mike Krzuz, Paul Herring, and Greg Pitzer shall be produced. (d) (e) (f) 3. With respect to plaintiff's objection to the Privilege Log provided by defendant Grant Thornton, the Magistrate Judge has reviewed the Privilege Log and concludes that it sufficiently details the documents which have been withheld so that the plaintiff can ascertain which of those documents may be protected by the attorney-client privilege or the work product doctrine. Plaintiff may file an additional motion to compel addressing ­ on a specific document-by-document ­ basis why certain of the documents may not be subject to the claimed privilege. The court cannot review the plaintiff's blanket objection at this time, and the Motion to Compel with respect to those items is at this time denied. -3- Defendant shall produce those items required by this Order within fifteen (15) days of this date. Plaintiff's Motion to Strike defendant's Memorandum of Law is DENIED, as the Magistrate Judge finds that the response complies with this court's Local Rules. The fact that the Magistrate Judge, when faced with competing versions of a proposed Case Management Plan, elected to use the version selected by the defendant does not render the discovery process invalid. Defendant's responses to plaintiffs' Interrogatories and Requests for Production of Documents are reasonable in light of the vague and over broad requests submitted by plaintiff. SO ORDERED. Dated: August 20, 2009 __________________________ William G. Hussmann, Jr. United States Magistrate Judge Southern District of Indiana Copies to: SUSAN HINDS 1313 Gleneagles Place Greendale, IN 47025 Michael J. Buddendeck AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS mbuddendeck@aicpa.org M. Faiyaz Hussain GRANT THORNTON LLP 175 W. Jackson Blvd. Chicago, IL 60604 -4- Steven P. Langdon MCNEELY STEPHENSON THOPY & HARROLD -NA splangdon@msth.com Gray A. Mateo NEAL, GERBER & EISENBERG, LLP gmateo@ngelaw.com Joseph W. Muccia THOMPSON HINE LLP joseph.muccia@thompsonhine.com Sandra H. Perry BOSE MCKINNEY & EVANS, LLP sperry@boselaw.com David Brian Ritter NEAL GERBER & EISENBERG LLP dritter@ngelaw.com William Michael Sunkel WINSTON & STRAWN LLP wsunkel@winston.com David L. Swider BOSE MCKINNEY & EVANS, LLP dswider@boselaw.com -5-

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