MSC.Software Corporation v. Altair Engineering, Incorporated et al

Filing 624

ORDER Granting 616 Altair's Motion for Protective Order. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MSC.SOFTWARE CORPORATION,
Plaintiff(s),

CASE NUMBER: 07-12807
HONORABLE VICTORIA A. ROBERTS

v.
ALTAIR ENGINEERING, INC., MARC
KLINGER, ANDREA PERTOSA, STEPHAN
KOERNER, TOM RIEDEMAN, RAJIV RAMPALLI
MARK KRUEGER, and MICHAEL HOFFMAN
Defendant(s).
/
ORDER
This matter is before the Court on Altair’s “Motion for Protective Order Regarding MSC.
Software Corporation’s Subpoena for Documents to General Atlantic.” (Doc. # 616).
Altair’s motion is GRANTED.
The United States District Court for the District of Delaware issued an order authorizing
MSC to issue a subpoena to obtain documents from General Atlantic, LLC (General Atlantic),
Altair’s private investor and not a party to this action.
Altair says in light of the current status of this case, the General Atlantic subpoena is
objectionable because it is: (1) overly broad, (2) unduly burdensome in that Altair already
provided the documents MSC requests; and (3) irrelevant.
MSC disagrees and says that the General Atlantic subpoena is necessary because Altair
refuses to provide MSC with financial information critical to MSC’s claims.
On December 22, 2008, prior to the issuance of the subpoena, this Court held Altair had
fulfilled its obligation to produce many of the documents the subpoena seeks. MSC cannot
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gather from a non-party what the Court said Altair has already produced or does not have an
obligation to produce.
Federal Rule of Civil Procedure 26 directs the Court to prevent the imposition of an
undue burden on General Atlantic: “[t]he court may, for good cause, issue an order to protect a
party or person from annoyance, embarrassment, oppression, or undue burden . . . .” Fed. R.
Civ. P. 26(c). Such protection is warranted here.
Altair’s motion is GRANTED.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: February 7, 2013
The undersigned certifies that a copy of this
document was served on the attorneys of record
by electronic means or U.S. Mail on February 7,
2013.
S/Linda Vertriest
Deputy Clerk

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