Opinion
Civil Action No. N14C-10-160 MMJ CCLD
06-21-2017
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA v. TRUSTWAVE HOLDINGS, INC., TRUSTWAVE CORPORATION, TRUSTWAVE LTD. and AMBIRON TRUSTWAVE LTD. Defendant.
On Defendants' Exceptions to the June 1, 2017 Special Discovery Master Opinion and Order No. 1 Regarding Plaintiff's Motions to Compel
DENIED ORDER
On May 25, 2017, the Special Discovery Master held a hearing to address two issues: (1) the timetable for Trustwave to comply with the April 26, 2017 Orders of this Court; and (2) the re-designation of the level of confidentiality protection applied to two reports prepared by Foregenix for Euronet. Following the hearing, the parties submitted letters relating the second issue.
Pursuant to the authority established by the Order of Reference to Special Master dated May 9, 2017, the Special Discovery Master issued a decision dated June 1, 2017.
On June 8, 2017, Defendants filed Exceptions to Special Discovery Master's Opinion and Order No. 1 Regarding Plaintiff's Motions to Compel. On June 15, 2017, Plaintiff filed its Answering Brief in Opposition.
Superior Court Civil Rule 122 provides: "A report by a Master is subject to review by the Court de novo." The Court finds that the Special Discovery Master carefully considered all issues raised by the parties. The June 1, 2017 Opinion and Order was crafted to balance the need for relevant discovery, the burden on the parties in identifying and producing discovery, and the applicable privileges. The Opinion and Order is consistent with legal precedent and Delaware's Superior Court Civil Rules, as further clarified and refined (pursuant to the explicit direction of the Court) by Amended Rule 26 of the Federal Rules of Civil Procedure. The Court is not persuaded by Defendants' exceptions. Upon de novo review, the Court finds the Opinion and Order to be well-reasoned.
THEREFORE, the June 1, 2017 Special Discovery Master Opinion and Order No. 1 Regarding Plaintiff's Motions to Compel is hereby APPROVED. All exceptions are hereby DENIED.
IT IS SO ORDERED.
/s/_________
The Honorable Mary M. Johnston