Versata Software, Inc., et al v. Ford Motor Company

Filing 313

ORDER (1) Sustaining in Part and Overruling in Part Versata's #298 Objections to Report and Recommendation of the Special Master to Deny Versata's Motion to Compel Annual Performance Reviews and (2) Adopting in Part the #297 Report and Recommendation as the Order of the Court. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FORD MOTOR COMPANY,
Plaintiff,
v.

Case No. 15-cv-10628
(consolidated with Case No. 15-11624)
Hon. Matthew F. Leitman

VERSATA SOFTWARE, INC. et al.
Defendants.
________________________________________/
ORDER (1) SUSTAINING IN PART AND OVERRULING IN PART
VERSATA’S OBJECTIONS TO REPORT AND RECOMMENDATION
OF THE SPECIAL MASTER TO DENY VERSATA’S MOTION TO COMPEL
ANNUAL PERFORMANCE REVIEWS (ECF #298) AND (2) ADOPTING IN
PART THE REPORT AND RECOMMENATION (ECF #297) AS THE ORDER
OF THE COURT
In this action, Versata Software Inc. and other related Defendants (collectively,
“Versata”) allege that Ford Motor Company infringed certain patents and misappropriated
certain trade secrets. During discovery, Versata asked Ford to produce annual performance
reviews for a number of Ford employees. Ford objected to producing the requested
documents.
The Court referred the discovery dispute to attorney Lawrence D. Graham. The
Court previously entered an order appointing Mr. Graham to serve as a Special Master for
resolving discovery disputes (the “Appointment Order”). (See ECF #230.) Pursuant to the
protocol established in the Appointment Order, Mr. Graham issued a Report and
Recommendation in which he recommended that the Court deny Versata’s motion to
compel Ford to produce the performance reviews (the “R&R”). (See ECF #297.) Versata

has filed objections to that recommendation (see ECF #298) and Ford has filed a response
(see ECF #303).
On September 6, 2017, the Court held an on-the-record telephonic status conference
with counsel for both Ford and Versata to discuss the R&R and Versata’s objections. For
the reasons stated on the record during that status conference, IT IS HEREBY
ORDERED that Versata’s objections are SUSTAINED IN PART AND OVERRULED
IN PART and the R&R is ADOPTED IN PART as follows:
Within fourteen (14) days of this Order, Ford shall produce to Versata the
performance reviews for the employees identified on page two of Versata’s letter brief to
Mr. Graham (see ECF #297-1 at Pg. ID 15035), for the years identified on that page. Ford
may redact all information in the performance reviews except for: (1) the employee’s
name, (2) the year of the performance review, and (3) any references to cost savings related
to the following programs: ACM, MCA, and PDO-R1.1 For the time being, the Court
postpones consideration of whether Ford must un-redact any references to the program
PDO-R2.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 7, 2017

1

To the extent that the performance reviews refer to cost savings from the PDO-R1
program by using a different name or acronym to describe PDO-R1, Ford shall not
redact those references when producing the performance reviews to Versata.

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on September 7, 2017, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]