Monsanto Company v. E.I. Dupont De Nemours and Company et al

Filing 791

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants shall, no later than June 20, 2011, produce the disputed documents in unredacted form to Monsanto or submit them to the Court for in camera review. (Response to Court due by 6/20/2011). Signed by Honorable E. Richard Webber on 6/13/11. (KLH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MONSANTO COMPANY and
MONSANTO TECHNOLOGY LLC,
Plaintiffs,
vs.
E.I. DUPONT DE NEMOURS AND
COMPANY and PIONEER HI-BRED
INTERNATIONAL, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 4:09CV00686 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiffs Monsanto Company and Monsanto
Technology LLC’s (collectively, “Plaintiffs”) Eighth Motion to Compel (Third Motion to
Compel Production of Recalled Documents) [doc. #733]. In this Motion, Monsanto seeks an
order compelling Defendants E.I. du Pont de Nemours and Company and Pioneer Hi-Bred
International, Inc. (collectively, “Defendants”) to produce unredacted versions of three categories
of documents that Defendants produced to Monsanto, recalled on grounds of attorney-client
privilege, and then produced in redacted form.
As the Court stated with respect to Monsanto’s Second Motion to Compel Production of
Recalled Documents [doc. #699], it is impossible for the Court to determine whether the redacted
portions of the documents at issue in this Motion are protected by attorney-client privilege or the
work product doctrine without examining the substance of the redacted text. As such,
Defendants will be ordered either to produce these documents to Monsanto in unredacted form or
submit them for in camera review.

Accordingly,
IT IS HEREBY ORDERED that Defendants shall, no later than June 20, 2011, produce
the disputed documents in unredacted form to Monsanto or submit them to the Court for in
camera review.
Dated this 13th Day of June, 2011.

________________________________________
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

2