United States District Court, D. Wyoming
July 12, 2002
Clint Andrew Langer, Davis & Cannon, Sheridan, WY, Kate M. Fox, Davis & Cannon, Cheyenne, WY, Lawrence H. Pockers, Thomas T. Loder, Anthony L. Gallia, Duane Morris & Heckscher LLP, Philadelphia, PA, for Plaintiff.
Tad Daly, Patrick G. Davidson, Daly Law Associates, Gillette, WY, for Defendants.
ORDER ON DEFENDANTS' JULY 5, 2002 MOTION TO COMPEL DISCOVERY and ORDER DENYING DEFENDANTS' SECOND MOTION TO STRIKE EXPERT WITNESS
*1 The defendants' July 5, 2002 Motion to Compel Discovery and the plaintiff's response thereto, as well as the defendants' Second Motion to Strike Expert Witness, have come before the Court for consideration. The defendants seek disclosure of the plaintiff's entire OnTarget database; the plaintiff resists disclosure of the entire 790 customer OnTarget database. In response to the defendants' discovery request, the plaintiff has proposed that it disclose the OnTarget database with respect to the 24 customers at issue in this case and has requested that it not be required to disclose the remainder of the OnTarget database concerning other customers, as it is proprietary information not subject to disclosure.
The Court finds that the plaintiff's proposal is reasonable and provides the information necessary to defendants to prepare and defend the instant litigation with respect to the trade secret issues. Likewise, this proposed resolution does not compromise matters which are considered protected, confidential, and not subject to disclosure. This compromise recognizes the sensitive nature of the materials that are contained within the plaintiff's OnTarget database that have been compiled by IKON for its use only.
The Court further finds that, consistent with the foregoing disposition, the defendants' Second Motion to Strike Expert Witness should be denied, so long as the plaintiff produces to the defendants the OnTarget database materials relied upon by Jean Mitchell with respect to the 24 customers at issue in this case. Further, defendants may depose the witness should they desire to do so following receipt and review of the materials to be provided pursuant to this Order. Accordingly, it is hereby
ORDERED that plaintiff shall produce to defendants the portions of the OnTarget data base relied upon by its expert, Jean Mitchell, for the 24 customers at issue in this case. The plaintiff need not produce or disclose the remainder of the OnTarget database to defendants, unless the otherwise so ordered by the Court at a later date. Further, all information disclosed shall be subject to the terms of the prior Stipulation and Confidentiality Order entered May 22, 2002. It is further
ORDERED that the defendants' Second Motion to Strike Expert Witness shall be, and is, DENIED, provided plaintiff complies with the provisions of this Order.
End of Document.