LeMond Cycling, Inc. v. Trek Bicycle Corporation

Filing 92

LeMond Cycling, Inc. v. Trek Bicycle Corporation

Doc. 92

GASS WEBER
309
N

MULLINS

LLC

MILWAUKEE WI 53202 TEL [phone] FAX [phone]
WATER 5T

www.gasswebermullins.com

RALPH A. WEBER

DIRECT PIAL; 414 224-7698
web er@.Qasswebermull

ins. co

m

February 11, 2009

Hon. Janie S. Mayeron United States Magistrate Judge

United States District Court
District of Minnesota 300 South Fourth Street
Minneapolis,

MN 55415
v.

RE:

LeMond Cycling, Inc. Case No. 08-cv-l0l0
Proposed Resolution

Trek Bicycle Corporation

of Protective Order Motion Re: Maslon Firm Documents

Dear Judge Mayeron:
Counsel for LeMond and Trek have worked together to resolve issues concerning a third-party subpoena to the Maslon Edelman firm. That subpoena sought documents relating to a case tried in the United States District Court for Minnesota, LeMond Cycling, Inc. v. PTI Holdings, Inc., Case. No. 03-5441 (the "PTI" litigation). The Maslon firm
represented LeMond Cycling, Inc. in that matter, and has 9 boxes litigation.

of documents from

that

Trek is interested in these materials as they may be relevant to issues (1) involving of LeMond-branded bicycle related products, and (2) Mr. LeMond's performance of his duties to Trek.
the sale

The only is sue remaining involves access to documents that are subject to a protective order in the PTI case, a copy of which is attached as Exhibit A. Paragraph 6e of that Order permits disclosure of protected documents to "persons designated by the Court
in the interest

of justice, upon

such terms as the Court deems proper."

Dockets.Justia.com

Hon. Janie S. Mayeron February 11, 2009 Page 2

Counsel for Trek and LeMond jointly request that attorneys in the instant case for LeMond and Trek be given access to the PTI documents. Granting this access will allów the Maslon firm to avoid the effort and expense of going through all the documents to remove or redact information subject to the Protective Order. The PTI Protective Order follows the same approach as in the instant case, with information being designated as "Confidential" or "Attorney's Eyes Only," depending upon the nature ofthe information. Counsel for Trek and LeMond agree to comply with those same designations and protections, in accord with the PTI Order.
I have spoken with PTI's counsel, Martin Burkett of Miami, Florida, and learned that PTI's assets were sold. Mr. Burkett will contact his clients to determine whether they have any concerns with the proposed access. I have also spoken with Margo Brownell, a Maslon lawyer and former counsel for LeMond, and am providing her with a copy of this
letter.

Assuming there is no objection, I would appreciate the Court entering a Minute Order allowing counsel for Trek and LeMond to have access to the documents in accord with the PTI Order, Exhibit A.

Thank You.
Sincerely,

~~.()~
Ralph A. Weber

RAW:jml
Enclosure
cc:

Denise Rahne (w/enc.) (via email) Martin Burkett (w/enc.) (via email) Margo Brownell (w/enc.) (via email)