Experi-Metal Inc v. Comerica Bank

Filing 36

RESPONSE to 34 MOTION to Compel filed by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 09.07.10 letter from Plaintiff's counsel) (Tomlinson, Richard)

Experi-Metal Inc v. Comerica Bank

Doc. 36

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EXPERI-METAL INC., a Michigan corporation, Plaintiff, vs. COMERICA BANK, Case No. 2:09-cv-14890 Hon. Patrick J. Duggan

Defendant. ______________________________________________________________________________ Richard B. Tomlinson (P27604) Daniel R. Boynton (P 30359) Joseph W. Thomas (P33226) DRIGGERS, SCHULTZ & HERBST, P.C. Attorneys for Plaintiff 2600 West Big Beaver Road, Suite 550 Troy, MI 48084 Telephone: [phone] Facsimile: 248.649.6442 [e-mail] 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 Telephone: [phone] [e-mail] [e-mail]

______________________________________________________________________________ PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL Plaintiff, Experi-Metal Inc., by and through its attorneys, Driggers, Schultz & Herbst, for its response to Defendant's Motion to Compel, states as follows: 1. 2. Admits the allegations contained in Paragraph 1 of Defendant's Motion to Compel. Admits that Comerica took the position that Plaintiff's responses were incomplete

and requested additional information.

Dockets.Justia.com

3.

Admits that Experi-Metal provided additional information and documents in response

to Comerica's discovery requests on July 23, 2010. 4. Denies the allegation contained in Paragraph 4 in the form and manner alleged for the

reason that it is untrue. 5. Denies the allegations contained in Paragraph 5 and further states that Plaintiff

supplied Defendant with additional supplemental documents on September 7, 2010 (a copy of Plaintiff's counsel's correspondence transmitting the additional documents is attached as Exhibit 1). 6. Plaintiff states as follows with respect to each of the subparts in Paragraph 6: All of the correspondence that Plaintiff sent or received regarding the January 22, 2009 phishing attack, including correspondence between ExperiMetal and any law enforcement or regulatory agency has been previously produced. All documents related to the investigation of the January 22, 2009 phishing attack including the FBI investigation have previously been produced. As to the FBI investigation's status reports referenced in this subsection, ExperiMetal had never visited the web site for status reports until after the deposition of Valiena Allison. Subsequently, Experi-Metal has visited the web site and has furnished the status reports to Comerica on September 7, 2010. Experi-Metal previously objected to producing documents related to any insurance claims related to the phishing attack as the information requested is inadmissible under the collateral source rule. Without waiving that objection, on September 7, 2010, Experi-Metal has produced the documents to Comerica. As indicated in Plaintiff's initial response to the discovery requests, the documents that were sent or received from Plaintiff's expert, Lance James, were provided to Comerica in connection with Plaintiff's initial response to Comerica's discovery requests. Plaintiff provided a duplicate set of the responsive documents on September 7, 2010. A privilege log was provided to counsel for Comerica on September 7, 2010.

7.

Plaintiff has produced all of the documents and has produced the privilege log with

respect to this matter.

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8. untrue. 9.

Plaintiff denies the allegations contained in Paragraph 8 for the reason they are

Plaintiff admits that counsel has discussed the discovery issues and supplemental

responses have been provided. Respectfully submitted, DRIGGERS, SCHULTZ & HERBST, P.C. By: s/Richard B. Tomlinson Richard B. Tomlinson (P27604) Daniel R. Boynton (P30359) Joseph W. Thomas (P33226) Attorneys for Plaintiff 2600 West Big Beaver Road, Suite 550 Troy, MI 48084 Telephone: [phone] / Fax: [phone] [e-mail]

CERTIFICATE OF SERVICE I certify that on September 8, 2010, I filed the foregoing paper with the Clerk of the Court using the ECF system which will electronically send notification to Todd A. Holleman, Esq. and Lara Lenzotti Kapalla, Esq. s/Richard B. Tomlinson (P27604) Driggers, Schultz & Herbst, P.C. 2600 West Big Beaver Road. Suite 550 Troy, MI 48084 248.649.6000 / Fax: [phone] [e-mail]

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