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CONTI ZWEITE CRISTALLO SCHIFFARHRTS GMBH & CO. v. PPG IND.

United States District Court, S.D. New York


November 17, 2004.

Conti Zweite Cristallo Schiffarhrts Gmbh & Co. KG MS Contship France
v.
PPG Industries, Inc. Contship Containerlines, Ltd. v. PPG Industries, Inc.

The opinion of the court was delivered by: LOUIS STANTON, District Judge

MEMORANDUM OPINION

The issues raised by plaintiff Contship Containerlines, Ltd.'s motion to compel discovery are disposed of as follows:

1. Assuming that e-mails, records or drafts relating to the preparation of expert reports should have been kept, and may be recoverable by a forensic examination of defendant's counsel's computers, there is no evidence that counsel made any suggestions of substantive significance, and there is no reasonable prospect that undertaking such a search would yield a useful result.

  2. The degree to which data is missing from spreadsheets is disputed, and defendant does not explain the empty portions of a column or two of the spreadsheet. On the other hand, plaintiffs do not explain their apparent lack of inquiry into those matters when taking Dr. Buechler's deposition. On balance, it is too near trial (less than a week away) to compel further discovery, which would inevitably be disruptive, on this point.

  3. The other materials sought have satisfactorily been shown impossible to fund, not to exist, or to have been already disclosed.

  Accordingly, the motion is denied.

  So ordered.

20041117

© 1992-2004 VersusLaw Inc.



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