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AUSCAPE INTERNATIONAL v. NATIONAL GEOGRAPHIC SOCIETY

United States District Court, Southern District of New York


February 6, 2003

AUSCAPE INTERNATIONAL, ET AL., PLAINTIFFS,
v.
NATIONAL GEOGRAPHIC SOCIETY, ET AL., DEFENDANTS

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

ORDER

By letter dated January 29, 2003, plaintiffs seek (1) a protective order narrowing the scope of certain document requests made by the ProQuest defendants, and (2) and extension of the discovery schedule. Having considered ProQuest's response, dated January 31, 2003, the requests are disposed of as follows:

1. The request for a protective order is denied as to all plaintiffs except Peter Menzel. The documents sought are relevant to the damages issues in this case.

2. The request for a protective order made on behalf of Peter Menzel is denied except insofar as Mr. Menzel seeks to limit the production of documents regarding the licensing of his works for print media. It appears to the Court that requiring production of all documents concerning the licensing of his works for print media and of related payment documents would be unduly burdensome. The parties are directed to confer promptly and work out some reasonable means of obtaining relevant information concerning such licensing and payments without necessarily requiring production of all documents regarding the licensing for print media use of over 14,000 photographs. They may consider random sampling, limiting the time period or other possibilities.

3. Plaintiffs time for responding to ProQuest's second requests for production is extended until February 24, 2003.

4. The discovery deadline and the date for submission of a joint pretrial order, dispositive motions, and requests for instructions each is extended by 21 days.

SO ORDERED.

20030206

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