Exxon Mobil Corporation v. Northwestern Corporation

Filing 143

ORDER GRANTING 121 Motion to Compel DEFENDANT NORTHWESTERN CORPORATION DBA NORTHWESTERN ENERGYS PRODUCTION OF DOCUMENTS and taking under advisement [134} MOTION to Compel ExxonMobil's Production of Documents. The Court orders that on or before September 6, 2017, XOM shall submit to the Court the documents identified in NWEs Supplemental Exhibit A for an in camera review. Signed by Magistrate Judge John Johnston on 8/31/2017. (AMC)

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

EXXON MOBIL CORPORATION, ) CV-16-05-BLG-BMM
a New Jersey corporation
)
)
Plaintiff,
)
) ORDER
)
vs.
)
)
NORTHWESTERN
)
CORPORATION dba
)
NORTHWESTERN ENERGY, a
)
Delaware corporation,
)
)
Defendant.
)

Plaintiff Exxon Mobil Corporation (XOM) has moved the Court for an order
compelling Defendant Northwestern Corporation (NWE) to produce documents in
response to its Fifth Set of Requests for the Production of Documents. (Doc. 121).
XOM has withdrawn its request for reasonable expenses and attorney’s fees it
incurred with its motion. NWE has moved the Court to compel XOM to produce

documents in response to its First Set of Requests for the Production of
Documents. (Doc. 134). The Court held a hearing on these motions on August 30,
2017.
The Court orders that XOM’s motion is granted because the requested
documents are relevant. In making this ruling, the Court is mindful of comment to
Federal Rule of Civil Procedure 26(b)(1) that provides the following:
Since decisions as to relevance to the subject matter of the action are
made for discovery purposes well in advance of trial, a flexible
treatment of relevance is required and the making of discovery,
whether voluntary or under court order, is not a concession or
determination of relevance for purposes of trial.
The Court further orders that on or before September 6, 2017, NWE shall
produce the documents requested in XOM’s Fifth Request for Production, No. 19
to XOM.
In relation to NWE’s Motion to Compel, the Court has taken it under
advisement. The Court orders that on or before September 6, 2017, XOM shall
submit to the Court the documents identified in NWE’s Supplemental Exhibit A
for an in camera review. Each document shall be submitted in its unredacted form.
XOM shall include with the documents submitted to the Court a privilege log
identifying each document submitted by its number, the date it was prepared, its
author(s) and recipient(s), and the legal basis for protection from disclosure. XOM
shall file a notice reflecting it has complied with this Order.

DATED this 31st day of August, 2017.