Brown v. West Corporation

Filing 100

ORDER upon consultation with the parties and the Notice 99 , the Court finds that further discovery will be expedited by referral of some discovery issues to the Magistrate Judge. Ordered by Senior Judge Lyle E. Strom. (E-mailed to Judge Thalken)(ADB)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
REX BROWN,

)
)
Plaintiff,
)
)
v.
)
)
WEST CORPORATION, a Delaware )
corporation,
)
)
Defendant.
)
______________________________)

8:11CV284

ORDER

Upon consultation with the parties at the March 5,
2013, hearing and stipulation of the parties in their notice to
the Court (Filing No. 99), the Court finds that further discovery
will be expedited by referral of some discovery issues to the
Magistrate Judge.

Accordingly,

IT IS ORDERED:
1) The following issues are referred to Magistrate
Judge Thalken for resolution:
a) Any future searches of West computers,
including search terms and the degree to which non-decision
makers’ computers may be searched.

This shall include issues

related to protocol, cost allocation, and format of production
going forward.
b) The scope of any interrogatory seeking
commission/sales/lead information and expense information from

Directors of Sales at West to the extent the parties cannot agree
on the scope of the interrogatory.
c) All other future issues related to discovery
between the parties, except as noted below, including discovery
propounded by West to plaintiff.
2) The following issues are not being referred to the
Magistrate Judge:
a) All issues relating to which documents must be
included in a privilege log and disputes regarding whether a
particular document can properly be withheld as privileged.
b) West’s compliance with the November 5, 2012,
Order as it relates to the litigation hold, preservation efforts,
descriptions required relating to preservation, and custodian
efforts and directives.
DATED this 7th day of March, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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