Automated Systems, Inc. et al v. First State Bank Hawarden, Iowa

Filing 34

MEMORANDUM AND ORDER - IT IS ORDERED: 1) Plaintiffs' objection, (Filing No. 33 ), is denied. 2) On or before April 30, 2013, the plaintiffs shall fully respond to request for production no. 24. However, any specific bank customer names, account numbers, or balances shall be redacted before the documents are produced. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AUTOMATED SYSTEMS, INC., A Nebraska
Corporation; and INSITE DATA SYSTEMS,
INC., A Nebraska Corporation;

4:12CV3059

Plaintiffs,
MEMORANDUM AND ORDER
vs.
FIRST STATE BANK HAWARDEN, IOWA,
Inc., An Iowa Corporation;
Defendant.
In response to defendant’s discovery, the plaintiffs have objected to producing:
A duplicate of any communications between ASI or Insite with any bank other than
First State Bank, involving a contract where the software being converted at the client
bank was the same brand as the software converted at First State Bank.
(Filing No. 33).
The plaintiffs object to request 24, arguing the discovery request seeks documentation which
could include the confidential bank account numbers and balances of third parties unrelated to this
lawsuit, and asserts these third parties should be afforded notice of the request before the court
decides if production is required. The defendant argues it is entitled to discover whether any other
customer of the plaintiffs experienced problems similar to the defendant’s when transitioning to
plaintiffs’ banking software.
The discovery requested is relevant and is not privileged. Moreover, the requests seek
communications with the plaintiffs, and not communications between two or more third parties.
Under such circumstances, the court rejects plaintiffs’ claim that the third parties must be notified
and given an opportunity to object to the defendant’s discovery request. Accordingly,
IT IS ORDERED:
1)

Plaintiffs’ objection, (Filing No. 33), is denied.

2)

On or before April 30, 2013, the plaintiffs shall fully respond to request for
production no. 24. However, any specific bank customer names, account numbers, or
balances shall be redacted before the documents are produced.

April 16, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge