Local Access, LLC v. Peerless Network, Inc.

Plaintiff moved to compel discovery where Defendant asserted (1) attorney-client privilege or work product privilege, (2) overbreadth or undue burden, (3) mootness due to amended pleadings, and (4) the withholding of documents for impeachment purposes. Plaintiff also moved for sanctions pursuant to Rule 37.

Motion to compel granted in part. The Court found Defendant’s assertion of work product privilege, based on the compilation of unprivileged documents constituting opinion work product, unpersuasive. Plaintiff’s requests sought the factual basis for Defendant’s denials and affirmative defenses. However, Defendant did not need to identify each responsive document by Bates number to each specific request, and only had to organize the documents in a way that Plaintiff could locate them with reasonable effort. Plaintiff’s overbreadth, mootness, and undiscoverable impeachment evidence arguments were overruled. Because there was some production made by Defendant, and because the Court found Plaintiff was not entitled to a Bates number of every document produced that Defendant deemed responsive, the Court found sanctions unwarranted.

Motion to Compel Discovery and For Sanctions (Doc. 136)

Response in Opposition to Motion to Compel Discovery (Doc. 148)

Order on Motion to Compel and For Sanctions (Doc. 204)