Opinion
Case No. 11-CV-13578
08-22-2012
DICE CORPORATION, Plaintiff, v. BOLD TECHNOLOGIES, LTD, Defendant.
Craig W. Horn (P34281) Braun Kendrick Finkbeiner PLC Attorney for Plaintiff R. Christopher Cataldo (P39353) David S. McDaniel (P56994) Jaffe, Raitt, Heuer & Weiss, P.C. Attorneys for Defendant
District Judge: Hon. Thomas L. Ludington
Magistrate Judge: Hon. Mark A. Randon
ORDER GRANTING MOTION TO COMPEL DISCOVERY
WHEREAS, this matter having come before the Court on the Motion of Bold Technologies, Ltd. ("Bold") on August 7, 2012 asking the Court to enter an Order: (1) Compelling Dice Corporation ("Dice") to produce documents responsive to document request numbers 11 and 12 of Bold's First Set of Interrogatories and Requests for Production of Documents; and (2) Compelling Dice to produce documents responsive to Bold's document request numbers 1-21 and 25 of Bold's Second Set of Requests for Production of Documents; and (3) Compelling Dice to produce Philip DuPont for deposition.
NOW THEREFORE, the Court having reviewed the briefs submitted by the parties and having heard oral argument and having issued its ruling at the August 7, 2012 hearing;
IT IS HEREBY ORDERED as follows:
1. Defendant Bold's Motion to Compel is hereby GRANTED and Plaintiff shall produce all documents in its possession, custody or control responsive to Bold's document requests numbers 11 and 12 of its First Set of Interrogatories and Requests for Production of Documents and document requests numbers 1-21 and 25 of Bold's Second Set of Requests for
Production of Documents on or before August 31, 2012. Dice shall have no obligation to produce documents pursuant to this Order which it has previously produced.
2. Dice shall designate a corporate representative to undertake a diligent search of all of its hard copy files and electronic files for documents responsive to the document requests referred to in Defendants' motion. Dice shall provide Bold with an affidavit from the designated corporate representative explaining in detail: i) all steps taken by Dice to retain and preserve files as part of this litigation; and ii) all steps and procedures undertaken by Dice to search its hard copy and computer files for responsive documents.
3. The issue of whether Bold may depose the Dice corporate representative to be designated pursuant to this Order is not ruled upon by the Court at this time but is preserved.
4. Dice shall produce Phillip DuPont for deposition on or before August 17, 2012.
IT IS SO ORDERED.
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MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, August 22, 2012 by electronic and/or ordinary mail.
Melody Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5540
APPROVED AS TO FORM:
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Craig W. Horn (P34281)
Braun Kendrick Finkbeiner PLC
Attorney for Plaintiff
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R. Christopher Cataldo (P39353)
David S. McDaniel (P56994)
Jaffe, Raitt, Heuer & Weiss, P.C.
Attorneys for Defendant