Dice Corporation v. Bold Technologies LTD

Filing 81

ORDER granting 59 Motion to Compel. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DICE CORPORATION,
Plaintiff,
v.

Case No. 11-CV-13578
District Judge: Hon. Thomas L. Ludington
Magistrate Judge: Hon. Mark A. Randon

BOLD TECHNOLOGIES, LTD,
Defendant.
_____________________________________________________________________________
ORDER GRANTING MOTION TO COMPEL DISCOVERY
WHEREAS, this matter having come before the Court on the Motion of Bold
Technologies, Ltd. (“Bold”) on August 7, 2012 asking the Court to enter an Order: (1)
Compelling Dice Corporation (“Dice”) to produce documents responsive to document request
numbers 11 and 12 of Bold’s First Set of Interrogatories and Requests for Production of
Documents; and (2) Compelling Dice to produce documents responsive to Bold’s document
request numbers 1-21 and 25 of Bold’s Second Set of Requests for Production of Documents;
and (3) Compelling Dice to produce Philip DuPont for deposition.
NOW THEREFORE, the Court having reviewed the briefs submitted by the parties and
having heard oral argument and having issued its ruling at the August 7, 2012 hearing;
IT IS HEREBY ORDERED as follows:
1.

Defendant Bold’s Motion to Compel is hereby GRANTED and Plaintiff shall

produce all documents in its possession, custody or control responsive to Bold’s document
requests numbers 11 and 12 of its First Set of Interrogatories and Requests for Production of
Documents and document requests numbers 1-21 and 25 of Bold’s Second Set of Requests for

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Production of Documents on or before August 31, 2012. Dice shall have no obligation to
produce documents pursuant to this Order which it has previously produced.
2.

Dice shall designate a corporate representative to undertake a diligent search of all

of its hard copy files and electronic files for documents responsive to the document requests
referred to in Defendants’ motion. Dice shall provide Bold with an affidavit from the designated
corporate representative explaining in detail: i) all steps taken by Dice to retain and preserve files
as part of this litigation; and ii) all steps and procedures undertaken by Dice to search its hard
copy and computer files for responsive documents.
3.

The issue of whether Bold may depose the Dice corporate representative to be

designated pursuant to this Order is not ruled upon by the Court at this time but is preserved.
4.

Dice shall produce Phillip DuPont for deposition on or before August 17, 2012.

IT IS SO ORDERED.
s/Mark A. Randon
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE

Dated: August 22, 2012
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date,
August 22, 2012 by electronic and/or ordinary mail.
s/Melody Miles
Case Manager to Magistrate Judge Mark A. Randon

[phone]

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2291615.1

APPROVED AS TO FORM:

s/ with consent of Craig W. Horn
Craig W. Horn (P34281)
Braun Kendrick Finkbeiner PLC
Attorney for Plaintiff

s/ R. Christopher Cataldo
R. Christopher Cataldo (P39353)
David S. McDaniel (P56994)
Jaffe, Raitt, Heuer & Weiss, P.C.
Attorneys for Defendant

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