Opinion
Case No. 2:00-cv-0677-PGC.
June 18, 2004
HOLME ROBERTS OWEN LLP, Paul T. Moxley Utah State Bar #2342, Matthew N. Evans, Utah State Bar #7051, Suite, Salt Lake City, UT, Attorneys for Defendants.
PETERS SCOFIELD PRICE, Ron Price, Attorneys for Plaintiff Medisys Technologies, Inc.
ORDER
On Thursday, June 3, 2004, the Court held a hearing on Defendants Brett Phillips, Carl Anderson, William Morris, Barbara Larkin and Marilyn Morris' (the "Phillips Defendants") Motion to Compel. The Phillips Defendants were represented by Matthew N. Evans of Holme Roberts Owen LLP. Medisys Technologies, Inc. ("Medisys") was represented by Ron Price of Peters, Scofield and Price. The Court, after having considered and reviewed the papers and the arguments of counsel and good cause appearing, ORDERS AS FOLLOWS:
By June 17, 2004, Medisys shall do the following:
1. Produce any and all documents referring or relating in any way to payment of any attorneys' fees by Medisys to Interstate Transfer. If Medisys does not have any such documents, it shall so state in a verified response.
2. Medisys shall produce any and all documents listing, describing or calculating its claim for damages. If no such documents exist, Medisys shall state so in a verified response.
3. Medisys shall produce all Board of Directors Meeting Minutes referring or relating in any way to any of the Phillips Defendants. In the event Medisys claims privilege to any documents subject to this requirement and Order, Medisys shall provide a privilege log of those documents specifically explaining what documents those are and the reasons for such privilege.
4. Medisys shall produce any and all documents referring or relating in any way to any and all corporations and other entities with respect to which Medisys owns any of the outstanding stock or other interest that was acquired prior to December 1998, identifying the dates upon which such interest was acquired including Medisys Technologies, Inc., a private Louisiana corporation. If no such documents exist, Medisys shall state so in a verified response.
5. Medisys shall also produce any and all additional documents referring or relating in any way to Phillips Pharmatech. If no such further documents exist, Medisys shall state so in a verified response.
IT IS SO ORDERED.