Custom Hardware Engineering & Consulting, Inc. v. Dowell et al

Filing 320

MEMORANDUM AND ORDER Accordingly,IT IS HEREBY ORDERED that, upon finding Plaintiff CHE has fully satisfied its obligation to produce documents pursuant to this Court's October 26, 2012 Order [ECF No. 295], the Court hereby vacates its order dir ecting Plaintiff CHE to produce any performance appraisal conducted for Jonathan Dowell in 2007, in response to Defendant Jonathan Dowell's Request for Production No. 15. IT IS FURTHER ORDERED that CHE shall produce, on or before November 29 , 2012 at 9:00 a.m., to the Law Offices of Kevin J. Dolley, 7750 Clayton Road, Suite 102, St. Louis, Missouri 63117, copies of the employee handbooks submitted to this Court on October 29, 2012, for in camera review pursuant to this Court's Oc tober 26, 2012 Order. IT IS FURTHER ORDERED that Plaintiff will not be required to produce the customer list, marked as a CHE trade secret and confidential, produced by CHE for in camera review on October 29, 2012. The Court will destroy the document submitted for in camera review on December 6, 2012, unless CHE notifies the Court before that date of its intent to retrieve the document. Signed by District Judge E. Richard Webber on November 21, 2012. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CUSTOM HARDWARE ENGINEERING
& CONSULTING, INC.,

Plaintiff/Counterclaim-Defendant,
vs.
JONATHAN D. DOWELL, et al.,

Defendants/Counterclaim-Plaintiffs.

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Case No. 4:10CV000653 ERW

MEMORANDUM AND ORDER
This matter comes before the Court upon review of Plaintiff Custom Hardware
Engineering & Consulting, Inc.’s (“CHE”) Response [ECF No. 306] to the Court’s October 26,
2012 Order [ECF No. 295].
On October 12, 2012, Defendants filed a motion under Federal Rule of Civil Procedure
37(b), asking this Court to compel Plaintiff to provide complete and current responses to
Defendants’ Interrogatories and Requests for Production [ECF No. 280]. In their Motion,
Defendants alleged that information obtained during the course of depositions caused them to
believe that certain of Plaintiffs’ discovery responses were incomplete, and that efforts to resolve
the matter between the parties had been unsuccessful.
In an October 26, 2012 Memorandum and Order, this Court ordered CHE to produce any
performance appraisal conducted for Jonathan Dowell in 2007, and, as well, to produce to the
Court for in camera review copies of all employee handbooks in effect during the course of the
employment of any Defendant, and copies of any customer lists TriPoint had obtained or used to
the detriment of CHE [ECF No. 295]. CHE has produced copies of its employee handbooks and
its customer list for the Court’s review. As to the Court’s instruction to produce any 2007

performance appraisal prepared for Defendant Dowell in 2007, CHE states that because
Defendant Dowell’s direct supervisor, Co-defendant Marcus Smith, failed to prepare a
performance appraisal for Defendant Dowell in 2007, CHE does not have such a document to
produce. CHE’s Response to this Order convinces this Court that it has fully complied with
Defendants’ Requests, and the Court’s Order.
Accordingly,
IT IS HEREBY ORDERED that, upon finding Plaintiff CHE has fully satisfied its
obligation to produce documents pursuant to this Court’s October 26, 2012 Order [ECF No.
295], the Court hereby vacates its order directing Plaintiff CHE to produce any performance
appraisal conducted for Jonathan Dowell in 2007, in response to Defendant Jonathan Dowell’s
Request for Production No. 15.
IT IS FURTHER ORDERED that CHE shall produce, on or before November 29, 2012
at 9:00 a.m., to the Law Offices of Kevin J. Dolley, 7750 Clayton Road, Suite 102, St. Louis,
Missouri 63117, copies of the employee handbooks submitted to this Court on October 29, 2012,
for in camera review pursuant to this Court’s October 26, 2012 Order.
IT IS FURTHER ORDERED that Plaintiff will not be required to produce the customer
list, marked as a CHE trade secret and confidential, produced by CHE for in camera review on
October 29, 2012. The Court will destroy the document submitted for in camera review on
December 6, 2012, unless CHE notifies the Court before that date of its intent to retrieve the
document.
Dated this 21st day of November, 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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