Court Narrows Discovery Requests, Finding Information Sought “Not Reasonably Accessible” Because of Undue Burden
Ameriwood Industries, Inc. v. Liberman, 2007 WL 496716 (E.D. Mo. Feb. 13, 2007)
In this case, plaintiff alleged that defendants improperly used confidential information while in plaintiff’s employ to sabotage plaintiff’s business relationships. Defendants asserted that plaintiff’s lost sales were due to plaintiff’s own mismanagement and not defendants’ alleged misconduct. Defendants requested all plaintiff’s documents and communications concerning the television stand business made during the relevant period, and identified six individuals who may have responsive information. Plaintiff argued that the request was unduly broad and overly burdensome and that the documents, the majority of which were electronically stored, numbered in the hundreds of thousands. Defendants moved to compel production of: (1) its internal communications and documents regarding plaintiff’s original equipment manufacturer (“OEM”) television stand business, its customers, and its management for the period from October 2005 through March 2006; (2) plaintiff’s employees’ communications with customers regarding the OEM television stand business for the same period; and (3) documents relating to plaintiff’s 2006 Consumer Electronics show presentations.