Opinion
Civ. No. 00-655 JC/WWD ACE.
January 16, 2001.
MEMORANDUM OPINION AND ORDER
This matter comes before the Court upon Plaintiff Elliott Industries Limited Partnerships Motion to Compel Defendants Conocos Production of Documents filed November 30, 2000 [docket no. 80]. The motion seeks production in connection with Plaintiffs Request for Production (RFP) #76 which reads as follows:
All correspondence or other communications (exclusive of pleadings filed pursuant to the Rules of Civil Procedure) relating to the subject matter of this case received by Defendant Amoco and Conoco from counsel representing the Plaintiffs in Dichter, et al. v. Amoco and Conoco [a related State court case].
Conoco objected to RFP# 76 on the ground of relevance and that the request is not reasonably calculated to lead to the discovery of admissible evidence.
Plaintiff has sued Defendants in this court and another set of plaintiffs has brought a similar suit against Defendants in state court. Counsel for the plaintiffs in each suit are jockeying for position so that their particular suit will be heard first. In connection with this effort, Plaintiffs counsel in the state case has apparently taken certain actions or made certain suggestions to Defendants in connection with the federal case. Plaintiff now seeks any communications made by the state Plaintiffs counsel to Defendants relating to the subject matter of the federal case.
Defendant Conocos objections are not well taken in the circumstances here presented.
WHEREFORE,
IT IS ORDERED that on or before January 26, 2001 , Defendant Conoco shall make full production to Plaintiff of the materials sought in plaintiffs Request for Production No. 76.