Opinion
Case No. 00-73104-DT.
November 22, 2000.
AMENDED MEMORANDUM OPINION AND ORDER ON DEFENDANTS' MOTION TO COMPEL DISCOVERY
Following a telephonic hearing of November 15, 2000, and for reasons stated more fully on the record, IT IS ORDERED that:
1. Plaintiff shall respond to document request #6 by providing copies of their standard form franchise agreements in use since June 30, 1989.
2. With regard to document request #7, plaintiff's counsel Paul Fransway will review the corporate minutes of Victory Lane Quick Oil Change, Inc. ("Victory Lane") for the past five years or no fewer than the minutes of the past five sets of minutes from board meetings. Mr. Fransway will then disclose such portions of minutes that relate in any way to issues involving the decision of Victory Lane to acquire ownership of any of its franchisees. If there is any doubt concerning whether something should or should not be disclosed, or if there is a claim of privilege with regard to any items falling within the scope of this Order, such items shall be provided to the undersigned under seal for an in camera inspection with a cover letter (copied to defense counsel) explaining the plaintiff's position concerning such portions of the minutes.
3. Document request # 8 need not be answered.
4. With regard to document request ## 9 and 10, counsel for the plaintiff shall provide copies of all information concerning gross revenues or profitability of Victory Lane as made in its franchise offering circulars for the last five years. This disclosure is without prejudice to defendant seeking further financial information regarding Victory Lane.
The above documents shall be provided on or before November 30, 2000.
5. With regard to plaintiff's response to defendants' first set of interrogatories, on or before December 11, 2000, plaintiff shall provide supplemental answers, complete, detailed and accurate as then possible.
So ORDERED.