Opinion
Civil Action No. 11-cv-00520-PAB-BNB
12-28-2011
HEALTH GRADES, INC., Plaintiff, v. MDX MEDICAL, INC., d/b/a Vitals.com Defendant.
Magistrate Judge Boyd N. Boland
AMENDED ORDER
The Order [Doc. # 96] is amended to reflect that the Motion to Compel was granted with respect to Interrogatory 8. The correction is shown in bold.
This matter arises on MDx Medical, Inc.'s Motion to Compel Discovery [etc.] [Doc. # 65, filed 11/23/2011] (the "Motion to Compel"). I held a hearing on the Motion to Compel on December 21, 2011, and made rulings on the record, which are incorporated here. For the reasons stated on the record,
IT IS ORDERED
(1) The Motion to Compel [Doc. # 65] is GRANTED IN PART and DENIED IN PART as follows:
The parties were able to resolve on their own a number of the issues initially raised in the Motion to Compel. Their agreement is memorialized in an email exchange which is an exhibit to the minutes of today's hearing.
• GRANTED with respect to Interrogatories 6 and 8;
• GRANTED to require Health Grades, in response to the production requests, to certify that a good faith search for responsive documents has been completed and that all non-privileged responsive documents known to exist have been produced;
MDx should supplement its responses to production requests to include the same certification.
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• DENIED with respect to Interrogatories 2 and 4, and 8;
• DENIED with respect to Production Request 7insofar as the MDx contends that it requires the production of "[a]ll documents showing the prior art Health Grades website"; and
• DENIED insofar as it seeks an award of attorneys fees and costs in bringing the motion.
(2) Health Grades shall make a supplemental discovery response in full compliance with the formalities of the Federal Rules of Civil Procedure and consistent with this Order on or before January 23, 2012.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge