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

Filing 338

FINAL ORDER on Plaintiff's Supplemental Motion to Compel - Pursuant to 332 Order on Motion to Compel, Defendant, Grant Thornton provided the requested documents for in camera review by the Magistrate Judge. 308 Supplemental MOTION to Compel is DENIED as to GTSH0008, 0883, 0884, 0885, 0886 and 0178. 308 Supplemental MOTION to Compel is GRANTED as to GTSH0003-05, 0871-72, 0158, 0164-67, 0184, 0197 and those documents must be disclosed to the Plaintiff within 10 days of the date of this order. See Order for particulars. Signed by Magistrate Judge William G. Hussmann, Jr on 11/9/2009.(LBT)

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

FINAL ORDER ON PLAINTIFFS' SUPPLEMENTAL MOTION TO COMPEL
This matter is before the Honorable William G. Hussmann, Jr., United, States Magistrate Judge, pursuant to his Order on Plaintiffs' Supplemental Motion

to Compel entered October 20, 2009. (Docket No. 332). In accordance with that order, Defendant Grant Thornton LLP provided for in camera review by the Magistrate Judge documents GTSH0003-05, 0008, 0871-72, 0883-86, 0158, 0164-67, 0178, 0184, and 0197. Upon review, the Magistrate Judge finds that documents GTSH0008, 0883, 0884, 0885, 0886, and 0178 are documents in which transmitters and recipients discuss drafts of letters intended to be sent to the Plaintiff that contain an attorney's legal advice or mental impressions. Plaintiff's Supplemental Motion to Compel is DENIED as to those documents, and they need not be produced. The remainder of the documents submitted for in camera review (GTSH0003-05, 0871-72, 0158, 0164-67, 0184, 0197) do not contain legal advice or mental impressions. Therefore, Plaintiff's Supplemental Motion to Compel as to these documents is GRANTED, and they must be disclosed to the Plaintiff within ten (10) days of the date of this order. SO ORDERED. Dated: November 9, 2009

__________________________ William G. Hussmann, Jr. United States Magistrate Judge Southern District of Indiana

Copies to: SUSAN HINDS 1313 Gleneagles Place Greendale, IN 47025

-2-

Michael J. Buddendeck AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS [e-mail] M. Faiyaz Hussain GRANT THORNTON LLP 175 W. Jackson Blvd. Chicago, IL 60604 Steven P. Langdon MCNEELY STEPHENSON THOPY & HARROLD -NA [e-mail] Gray A. Mateo NEAL, GERBER & EISENBERG, LLP [e-mail] Joseph W. Muccia THOMPSON HINE LLP [e-mail] Sandra H. Perry BOSE MCKINNEY & EVANS, LLP [e-mail] Gene F. Price FROST BROWN & TODD [e-mail] David Brian Ritter NEAL GERBER & EISENBERG LLP [e-mail] William Michael Sunkel WINSTON & STRAWN LLP [e-mail] David L. Swider BOSE MCKINNEY & EVANS, LLP [e-mail]

-3-