Experi-Metal Inc v. Comerica Bank

Filing 34

MOTION to Compel by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Comerica's Interrogatories, Requests for Production, and Requests for Admission, # 3 Exhibit B - Experi-Metal's Responses to Requests for Production, # 4 Exhibit C - July 15, 2010 Holleman letter, # 5 Exhibit D - July 23, 2010 Tomlinson letter, # 6 Exhibit E - March 4, 2009 Department of Justice letter, # 7 Exhibit F - Excerpts of Valiena Allison deposition, # 8 Exhibit G - Proposed Order) (Holleman, Todd)

Experi-Metal Inc v. Comerica Bank

Doc. 34 Att. 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EXPERI-METAL, INC., Plaintiff, v. COMERICA BANK, Defendant. Richard B. Tomlinson (P27604) Daniel R. Boynton (P30359) Joseph W. Thomas (P33226) DRIGGERS, SCHULTZ & HERBST, P.C. Attorneys for Plaintiff 2600 West Big Beaver Road, Suite 550 Troy, MI 48084 [phone] [e-mail]

EXHIBIT G

Case No. 2:09-CV-14890 Hon. Patrick J. Duggan

Todd A. Holleman (P57699) Lara Lenzotti Kapalla (P67667) MILLER CANFIELD PADDOCK AND STONE, PLC Attorneys for Defendant 150 W. Jefferson, Suite 2500 Detroit, MI 48226 [phone] [e-mail] [e-mail]

ORDER GRANTING COMERICA BANK'S MOTION TO COMPEL At a session of the Court held on ___________, 2010, in Wayne County, Detroit, Michigan before The Honorable ______________________ This matter having come before the Court on Comerica Bank's Motion to Compel, the parties having fully briefed the issue, and the Court being fully advised in the premises; NOW, THEREFORE, IT IS HEREBY ORDERED that Comerica Bank's Motion to Compel is GRANTED. IT IS FURTHER ORDERED that Plaintiff, Experi-Metal, Inc., must provide to Comerica the following information and documents:

Dockets.Justia.com

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All correspondence Experi-Metal sent or received regarding the January 22, 2009

phishing attack, including, but not limited to, all emails with Experi-Metal, between ExperiMetal and any law enforcement or regulatory agency, or between Experi-Metal and Comerica Bank, including but not limited to the note placed in Keith Maslowski's payroll or personnel file; 2. All documents related to the investigation of the January 22, 2009 phishing attack,

including but not limited to any law enforcement findings or internal findings, and including any investigation status updates to which Experi-Metal had or has access; 3. All documents related to any insurance claim Experi-Metal made for losses

related to the phishing attack, including but not limited to any correspondence, insurance claim applications, checks or payments received and denials; 4. All correspondence and other documents sent to or received from Lance James or

any other third party related to the phishing attack on January 22, 2009 or Comerica Bank's online/internet banking services including, but not limited to, its wire transfer services, including any documents obtainable through any retained expert or if all responsive documents were already produced, a list identifying which documents were considered to be responsive; and

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5.

Information about any responsive documents withheld due to privilege that

complies with FRCP 26 (b)(5)(A). IT IS FURTHER ORDERED that Experi-Metal must pay to Comerica the reasonable expenses incurred by Comerica in bringing this motion, including costs and attorneys fees.

_______________________________ UNITED STATES DISTRICT JUDGE

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