Dassault Systemes,SA v. Childress

Filing 557

ORDER Granting in Part and Denying in Part Defendant's 550 Motion to Re-Open Discovery. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DASSAULT SYSTEMES, SA
Plaintiff,

Case No. 09-cv-10534
Hon. Matthew F. Leitman

v.
KEITH CHILDRESS,
Defendant.
__________________________________________________________________/
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S
MOTION TO RE-OPEN DISCOVERY (ECF No. 550)
On October 26, 2021, the Court held a video hearing on Defendant Keith
Childress’ motion to re-open discovery on a limited basis. (See Mot., ECF No. 550.)
For the reasons explained on the record during the hearing, and for the reasons
explained in Defendant Dassault Systemes, SA’s response to the motion (see Resp.,
ECF No. 553), the motion is GRANTED IN PART AND DENIED IN PART as
follows:
 The motion is GRANTED to the extent that Childress asks the Court
to undertake an in camera review of Dassault’s documents that were
redacted for relevancy. The Court will review the 141 documents
identified on Dassault’s redaction log (see ECF No. 314-5) in camera
for relevancy in light of the Sixth Circuit’s remand order. Dassault shall
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produce those documents to the Court by no later than October 9, 2021.
The motion is further GRANTED to the extent that Childress seeks a
signed copy of the agreement between Dassault and IBM that is
referenced in Childress’ motion. If Dassault possesses a signed copy
of that agreement, it shall be produced to Childress by no later than
October 9, 2021. Finally, Dassault shall review its records to see if it
has a copy of any agreement between Dassault and MSC, or MSC and
IBM, related to the CATIA software. If Dassault has a copy of such
document(s), it shall produce the document(s) to Childress by no later
than October 9, 2021.
 The motion is DENIED in all other respects.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: October 26, 2021
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on October 26, 2021, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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