Opinion
CIVIL ACTION NO. MDL 875, MISC. ACTION No. 09-MC-103 (Oil Rig Cases).
May 14, 2010
ORDER
AND NOW, this 14th day of May, 2010, upon consideration of Defendants "Combined Motion and Brief of Union Carbide Corporation to Hold Dr. Jay T. Segarra in Civil Contempt" (09-MC-103, Doc. 49) ("Motion for Contempt"), Plaintiffs response (09-MC-103, Doc. 69), and Defendant's reply, (09-MC-103, Doc. 70), it is HEREBY ORDERED THAT Defendants Motion for Contempt is DENIED.
Further, and upon consideration of Plaintiffs' "Motion to Dismiss" (09-MC-103, Doc. 100) and Defendant "Union Carbide Corporation's Combined (1) Response to Plaintiffs' Motion to Dismiss, (2) Motion for Leave to File Bill of Costs and (3) Brief on the Impact of Plaintiffs' Motion to Dismiss on Union Carbide Corporation's [Motion for Contempt]," (09-MC-103, Doc. 102), it is ORDERED THAT Defendant's Motion for Leave to File a Bill of Costs is GRANTED in part and DENIED in part. Defendants shall have fourteen (14) days to file a bill of cost reflecting the reasonable attorney's fees and costs expended in its preparation for, and participation in, telephone conferences regarding the development of the document segregation protocol, the drafting of proposed language for this order, and any other costs and fees reasonably connected to its role in assisting the Court and Plaintiffs in developing this mechanism for the discovery of Dr. Segarra's documents and materials.
The Court's reasoning as to the disposition of these motions is set out in detail in the accompanying memorandum opinion.