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

Filing 812

MEMORANDUM AND ORDER re: 767 Cross MOTION to Compel and 750 Ninth MOTION to Compel. IT IS HEREBY ORDERED that the parties shall, no later than August 1, 2011, complete their review of the highlighted or challenged documents on their respective pr ivilege logs and either de-designate those documents as privileged or provide them to the Court for in camera review. IT IS FURTHER ORDERED that the parties shall complete a full review of their respective privilege logs and de-designate documents as appropriate, and produce that revised privilege log to the opposing party no later than August 19, 2011. The parties shall then meet and confer and produce to the Court, for in camera review, any remaining challenged documents no later than August 2 6, 2011. IT IS FURTHER ORDERED that for all documents produced for in camera review, the party claiming privilege must (1) supply the Court with information about the role of each person of significance mentioned in the document, (2) produce redacted and unredacted versions of allpartially redacted documents, (3) produce the documents in hard copy and as pdf files, containedon a CD, USB drive, or other similar digital storage mechanism. Signed by Honorable E. Richard Webber on July 22, 2011. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

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

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

Case No. 4:09CV00686

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiffs Monsanto Company and Monsanto
Technology LLC’s (“Monsanto”) Ninth Motion to Compel Production of Withheld Documents
[doc. #750] and Defendants E.I. du Pont de Nemours and Company and Pioneer Hi-Bred
International, Inc’s (“Defendants”) Cross-Motion to Compel Production of Withheld Documents
[doc. #767]. The Court held telephone conferences concerning these Motions on July 18, 2011
and July 22, 2011, and the parties and the Court were ultimately able to agree on a procedure, set
forth below, for reviewing the allegedly privileged documents at issue.
Accordingly,
IT IS HEREBY ORDERED that the parties shall, no later than August 1, 2011,
complete their review of the highlighted or challenged documents on their respective privilege
logs and either de-designate those documents as privileged or provide them to the Court for in
camera review.
IT IS FURTHER ORDERED that the parties shall complete a full review of their
respective privilege logs and de-designate documents as appropriate, and produce that revised

privilege log to the opposing party no later than August 19, 2011. The parties shall then meet
and confer and produce to the Court, for in camera review, any remaining challenged documents
no later than August 26, 2011.
IT IS FURTHER ORDERED that for all documents produced for in camera review, the
party claiming privilege must (1) supply the Court with information about the role of each person
of significance mentioned in the document, (2) produce redacted and unredacted versions of all
partially redacted documents, (3) produce the documents in hard copy and as pdf files, contained
on a CD, USB drive, or other similar digital storage mechanism.
Dated this 22nd Day of July, 2011.

_______________________________________
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

2