On June 6, 2001, the district court referred to this Court McNally's Motion to Compel Production of Documents (Docket Entry # 45). On June 8, 2001, this Court held a hearing to determine whether McNally should be required to make available its documents for inspection in Chicago or Cleveland. According to Evanston, McNally should be required to ship the documents from McNally's home office in Cleveland to McNally's local counsel in Chicago. Evanston argued that due to the technical nature of many of the documents the city's inspection would require several people, including paralegals and city employees, and that it would not be possible to send those individuals to Ohio. See
June 8, 2001 Hearing Tr. at 12. During Evanston's argument, this Court asked Evanston why it did not simply ask McNally to ship copies of all of its documents to Chicago. See id.
at 12, 18. Evanston was not initially receptive to this suggestion, preferring instead to have a Chicago-based inspection of the documents. See id.
at 13. McNally argued next, contending that it should be allowed to keep the documents in Cleveland because McNally used the documents in the day-to-day operation of its business and it did not want to risk losing or damaging the original documents during shipping. See id.
at 27, 31–32. During McNally's argument, this Court indicated that it was inclined to rule for McNally. See id.
at 30–31. After McNally finished its argument, this Court allowed Evanston another opportunity to be heard before ruling. See id.
at 44. At that point, Evanston stated McNally should copy every document and ship the copies to Chicago because “[w]e don't have the ability or the time to send the people that need to go [to Cleveland].” See id.
A fair reading of the entire transcript demonstrates that Evanston reversed its position because this Court was about to deny Evanston's motion and order McNally to make the documents available in Cleveland. See id.
at 45 (“[P]laintiffs read the law correctly ... in order to minimize disruption of a party's business, items should be produced, inspected and copied at the producing party's office during reasonable hours, especially where ... removal [of the records] would seriously interfere with ... the company's business.”).